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Marbury v. madison pros and cons
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Marbury v. madison brief summary
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From the Constitution’s ratification in 1787 through the 1850s, many American historians shared the consensus that the founding fathers had designed the Constitution the way they did because they were trying to protect the citizens and their rights. James Kent was one very prominent historian among this group. In his book, Commentaries on American Law (1826), he stated “THE government of the United States was erected by the free voice and joint will of the people of America, for their common defence [defense] and general welfare...and it is justly deemed the guardian of our best rights, the source of our highest civil and political duties, and the sure means of national greatness.” (Kent) Essentially, James Kent was trying to convey the point
A time of immense change and political involvement, the antebellum years of the early 1800s is one of the most intriguing time periods of America’s history. Harry L. Watson’s incredible book, Liberty and Power: The Politics of Jacksonian America, details the ups and downs of politics during Jacksonian America. Watson does a great job on explaining how the eighteenth century concept of republicanism transformed nineteenth century America in the form of a ‘market revolution.’ Social, political and economic changes were the center of life during Jacksonian America. Watson’s synthesis is a must-read for anyone interested in Jacksonian politics.
Marbury v. Madison was the first case in United States where the Judiciary ruled that an Act that had been passed by the congress was unconstitutional. In the final moments of President John Adams’ administration, William Marbury was appointed a justice of the Peace for the Columbia District. This act by Adams’ friendly Congress changed Supreme Court’s original jurisdiction. Despite this ruling, the Secretary of State James Madison refused to deliver Marbury’s commission. James Madison then teamed up with other three appointees to petition for a writ of Mandamus compelling to be granted the commissions and necessary paper work so as to become a Justice of The Peace, (Safell, 2001).
The election of 1800 was a close race between President John Adams and Thomas Jefferson, the Democratic-Republican Vice President seeking his own term as President. As the election progressed, Adams appointed several Federalist judges to the judiciary. This became known as the “Midnight Judges” (John Adams 4). Jefferson resented these appointments and saw them as a threat towards his presidency. Adams was the first “presidents not to attend the inauguration of his successor.
In “Federalist No. 69”, Alexander Hamilton wrote to inform and persuade the public to agree to the ratification of the U.S. Constitution. Particularly, he focused on the executive leadership’s role in the new government. He described the number of years the President can serve for before he is eligible for reelection. The President’s conduct and actions regarding legal matters are described as not being above the law. Law-making checks are imposed on the President as the two houses carry a large say.
John Marshall’s Supreme Court hearings had a positive effect on the United States. From court cases like McCulloch v. Maryland, declared that the federal courts could decide if state laws were unconstitutional. The McCulloch v. Maryland trial went to the supreme court because Maryland had put a tax in place that too 2% of all assets of the bank or a flat rate of $30,000. John Marshall saw this tax as unconstitutional for the simple fact that people were being denied their property under the state legislature. From the Gibbons v. Ogden case, congress’s power over interstate commerce was strengthened.
In both the McCulloch v. Maryland and Gibbons v. Ogden cases, John Marshall asserted the power of judicial review, and legitimatized the Supreme Court within the national government. The Marshall Court, over the span of thirty years, managed to influence the life of every American by aiding in the development of the judicial branch and establishing a boundary between the state and national government. John Marshall’s Supreme Court cases shaped how the government is organized today. He strongly believed in Federalism, and that the national government should be sovereign, rather than the states. The Supreme Court under John
In the essay Federal No. 78 deals with the proposed structure of federal courts, their powers and jurisdiction, the method of appointing judges, and related matters. Alexander Hamilton begins in explaining his views on the independence on judge and evaluates the doctrine of the judicial review. Resulting in the Court believing that the Supreme Court violated part of the Constitution, Alexander Hamilton then evaluates the question of whether the Supreme Court should be able to declare acts of Congress null and void. Hamilton focuses on his three main points of the judicial department. First: the mode of appointing judges.
In Marbury v. Madison (1803) it was announced by the Supreme Court for the very first time, that if an act was deemed inconsistent with the constitution then the court was allowed to declare the act void. Thomas Jefferson’s secretary of state, James Madison, denied William Marbury of his commission. President John Adams appointed William Marbury the justice of peace for the District of Columbia during his last day in office. Madison denied Marbury of this commission because he believed that because it was not issued before the termination of Adams presidency, that it was invalid. Marbury himself started a petition, along with three others who were in a similar situation.
The presidency of Thomas Jefferson, taking place between 1801 and 1809, was the third in America and the first with a Democratic-Republican as the head of the executive branch. Many have questioned the morals of Jefferson in his time in office, and to truly find out his virtues, one must analyze multiple media sources ,both written by and about Jefferson, himself, in the early nineteenth century. As a Democratic-Republican, it is clear that Jefferson was in favor of minimizing the power of the federal government, and maximizing the power given to state governments and the citizens who live under them. Although, at certain points in his presidency, Thomas moved away from his morals or, sometimes, abandoned them entirely, Jefferson was, to a larger extent, a principled leader.
The Marbury vs. Madison court case took place in 1803, but the conflict leading up to that took place at an earlier time. A few years before the court case there was a presidential election. The election of 1800, known as the first “dirty” election, was won by President Thomas Jefferson and he eventually replaced President John Adams to become the third president of the United States. Nearing the end of Adams’ presidency he decided to end his service by making a few more moves.
As the United States of America takes shape through the molding of our nations leaders such as George Washington, John Adams, and Thomas Jefferson, many controversies arise and these men are the first to set precedent for the nation. Many of these controversies occur during the presidencies of Thomas Jefferson and James Madison, although these men were both of the same political party, the way they responded to the call of presidency happened to be very different. As Jefferson and Madison lead the people of the American nation, both held power for the party of Jeffersonian Democrats, yet Madison’s strict interpretation of the constitution tended to contradict the loosely interpreted decisions of his predecessor Thomas Jefferson. Thomas Jefferson can be called many things but during his presidency Jefferson can most accurately be described as a
The duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.
Justice Thurgood Marshall Response Justice Thurgood Marshall said in his “Reflections on the Bicentennial of the United States Constitution”, “I do not believe the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government and its respect for the individual freedoms and human rights, that we hold as fundamental as today” (Marshall). In this passage of his essay, Judge Marshall is critical of the government that is
Madison court case that took place in 1803. The law that was declared by the Supreme Court at this hearing was that a court has the power to declare an act of Congress void if it goes against the Constitution. This case took place because President John Adams had appointed William Marbury as justice of the peace in the District of Columbia, and the new president, Thomas Jefferson, did not agree with this decision. William Marbury was not appointed by the normal regulation, which was that the Secretary of State, James Madison, needed to make a notice of the appointment. James Madison did not follow through and make a notice of Marbury’s appointment; therefore, he sued James Madison, which was where the Supreme Court came in place.
