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Marbury Vs. Madison: The Supreme Court Case Brief

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The issue in Marbury VS Madison originated when John Adams named forty-two justices before he left office. This was done to keep a check on the anti-federalist once Thomas Jefferson was elected. The ant-federalist were outrage, resulting in Thomas Jefferson deciding to not honor the commissions. The reasoning Jefferson gave was that “they had not been delivered by the end of Adam’s term.” This was a result of John Marshall failure to deliver them before Adams had left the presidency. Marbury decided to bring the case forward. Instead of going from the lower courts he went straight to the Supreme Court with a writ of mandamus, which, he had been granted the privilege in the Judiciary Act 1789. The issue that arose however cam from article III of the constitution and the judiciary act passed in 1789 were not consistent with each other. The judiciary act had said that he could bring writ of mandamus to get his commission, but the judiciary act contradicted this.(Marbury V Madison-Case Brief) …show more content…

The remedy given to Marbury stated that because the document had been sighed by an elected president and the signature had been confirmed he had a right to the justice position. The granting of this position did not violate the laws and the antifederalist could not keep Marbury from receiving the commission. More important this case set the precedent for judicial review the courts do have a right to issue a law unconstitutional. This precedent was made because the constitution is superior to any ordinary act of the legislature. Marbury V Madison-Case Brief) The constitution must govern law and laws passed by congress as a result cannot govern a case. The Supreme Court did not order the government to grant him the commission because he had already been granted it and the original ruling that he had a right to a commission was

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What I mean by that is if the executive branch didn’t like something that the judicial branch was doing they could off a change or a different solution. So to make a long story short these branches weren’t completely separate. Written in Federalist Paper #51 it states that “The three branches should not be so far separated as to have no constitutional control over each other.” (Doc C) I also think that when Madison said that “The different governments will each control each other, but at the same time they each will also control themselves.”

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The commissions were unable to be writ prior to John Adams leaving office and when President Jefferson took office and ordered acting Secretary of State James Madison to cancel the majority of these judgeships. Effectively giving us Marbury vs. Madison

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Not letting anytime past, Marbury went ahead and applied for a writ of mandamus to refute Jefferson’s decision. Marbury irritated and impatient went straight to the Supreme Court of the United States in effort to gain his well-earned position in government.

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He expanded the power of the Supreme Court by declaring that the Constitution is the supreme law of the land, and that the Supreme Court Justices were the final deciders. In the Marbury vs. Madison case, Marshall wrote "It is emphatically the province and duty of the judicial department to say what the law is.” John Marshall was clearly in favor of judicial power, and believed that the Supreme Court should have the final say in cases involving an interpretation of the Constitution. While establishing this, he kept the separation of powers in mind, as he wanted equal representation among the Judicial, Executive, and Legislative branches. In the Marbury vs. Madison, John Marshall declared that the Judicial Branch could not force Madison to deliver the commission.

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Keeping in mind that John Adams was a Federalist as well as the 6th Congress, which still was in power, Congress passed the Judiciary Act of 1801 allowing the expansion of circuit courts from three to six, adding judges and giving the President the power to designate justices of peace and Federal judges. For this reason, Adams designated those justices of the peace for a term of five year. Unfortunately, four of the commissions were not delivered, including William Marbury’s. In 1801 after president Jefferson assumed the presidency, asked James Madison, Secretary of State to keep

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Protocol was that each man would receive a signed and sealed paper commission. James Madison was Secretary of State at the present time and one of his duties was to deliver the commission or notice of appointments. Madison was instructed by Thomas Jefferson not to do so and he complied. Marbury and other justices of the peace sued Madison and requested that the Supreme Court issue a writ of mandamus requiring his

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One of these justices that were appointed was William Marbury. The

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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.

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Marshall interpreted that granting Marbury a writ of mandamus under the Judicial Act of 1789 was unconstitutional because it violated the Constitution’s limited grant of original jurisdiction to the Court in Article III, Section 2. McBride (2006) notes, “And when an act of Congress is in conflict with the Constitution, it is, Marshall said, the obligation of the Court to uphold the Constitution because, by Article VI, it is the "supreme law of the land." (para. 4). Through savvy argumentation Justice Marshall exerted the power of the court through what is now known as judicial

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The day before John Adams left office, he signed documents to appoint the Midnight Judges, who were Federalists. William Marbury was one of the judges in which he was appointed for Justice of the Peace. James Madison didn’t deliver them, at the request of Thomas Jefferson. Marbury petitioned Madison over the failure of the delivery. Based on a 4-0 vote by the justices, Chief Justice John Marshall announced that although Marbury had a right to his notice, the Supreme Court couldn’t force Madison to deliver them.

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The 1803 case Marbury v. Madison greatly affected how the U.S. Supreme Court decides whether a court decision is constitutional by using what is now known as judicial review. Although judicial review was never directly mentioned in the Constitution, the Marbury v. Madison decision led to the Supreme Court becoming its own branch, alongside Congress and the executive, in an effort to better the United States government by ensuring separation of powers and the regulation of checks and balances. In 1800, Thomas Jefferson won the presidential election succeeding John Adams. In his final days in office, Adams appointed several justices of peace, including William Marbury.

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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.

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