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Pros And Cons Of Marbury V. Madison

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Marbury v. Madison
1. Summary of the history of the case and its significance on our structure of government.
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 Supreme Court, under Chief Justice John Marshall denied the petition and declined to issue the writ of Mandamus. The chief justice held that the Supreme Court did not have the constitutional powers to issue the writs. The ruling was so despite the fact that the petitioners were entitled to their commissions. The Court had established itself as a true third branch of the government, and Judicial Review continues to this day.
The significance of the ruling in Marbury v. Madison case was that it gave the Supreme Court of United States …show more content…

First, it does not always reflect the will of the people. Since it is the people who elect the Congress and the President, I believe their will should prevail. The Supreme Court should obey the will of the people rather than relying on interpretation of the constitution. Also, Judicial Review may cause a president or Congress to delay some activity or law until they get an opinion from legal advisers as to the constitutionality of the action or law, (Clinton, 1989). This might affect solving some essential matters of urgency lest the Supreme Court rules against it

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John Marshall altered the Court’s position within the constitutional system and engaged a dynamic battle to sustain the federal authority over the interstate business and in dealings between the states and the federal government. This he did during the thirty-four years he was the chief justice and to date is a legacy in the Court’s history. Marbury v. Madison (1803) marked the commencing of Marshall’s record of achievement in which he justified the Court’s supremacy of judicial review - the rule to assess the constitutionality of state laws and other actions of the government - and put down the foundations of national constitutional jurisprudence. In Fletcher v. Peck (1810), Marshall alleged that a land grant was a contract that a government

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The signifigance or Marbury vs. Madison is the ruling gave of the Supreme Court of the U.S.A the power of Judicial review and also gave courts some power to try and take down legislation that was unconstitutional. In Marbury the Supreme Court declared a law passed by the government was unconstitutional and should be not be enforced called the Judiciary Law of 1789.The decision helped define the boundary between the constitutionally judicial and executtive branches of forming the American government. Marbury vs. Madison has been used as justification for the amassing of power by the supreme court. Marshall justified his ruling that the Supreme Court could not order Madison to deliver Marbury's because part of the Judiciary Act of 1789, was unconstitutional because it expanded the Court's original jurisdiction to include cases like

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59. Marbury v. Madison is the most important case in Supreme Court history, was the first U.S. Supreme Court case to apply the principle of "judicial review" the power of federal courts to void acts of Congress in conflict with the Constitution. The facts surrounding Marbury were complicated. In the election of 1800, the newly organized Democratic - Republican Party of Thomas Jefferson defeated the Federalist party of John Adams, creating an atmosphere of political panic for the lame duck Federalists. 60.

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Under the Judiciary Act of 1801, Marbury sued Section 13 of the Judiciary Act of 1789. He was asking the Court to force Madison to accept the appointment. The court denied and held that it lacked strength because the section of the Judiciary Act passed by Congress in 1789 authorized the Court to issue such a writ was invalid. Chief Justice John Marshall declared that the Constitution must always

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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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First, did Marbury have right to the commission he demands? Second, if so do current laws allow a remedy? Thirdly, if current laws allow remedy, should the court issue a mandamus? (uscourts.gov, 2005) In the opinion written by John Marshall, the court decided in Marbury’s favor on the first two question, but when it came to the court issuing a writ of mandamus; the court found that there was conflict between the Judiciary Act of 1789 and the Constitution and ruled against it.

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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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On account of Marbury v. Madison, the Supreme Court decided that they didn't have the ability to constrain President Jefferson to convey the commissions that he had solicited Secretary from State James Madison to not convey to the "midnight judges" designated by John Adams just before his term as president finished. Despite the fact that the Judiciary Act of 1789 gave the Supreme Court the ability to issue writs of mandamus, Article III of the Constitution did not permit the Supreme Court. By settling on this choice, the Supreme Court initially showed its energy of legal audit; to upset a government demonstration since they trust it is illegal. Some would contend that the force of legal audit makes the legal branch too capable, while others

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So Marshall denied the petition and refused to issue the writ. In section 13 of the Judiciary Act of 1789 it notes that writs can indeed be issued, but that particular section of the act was not consistent with the Constitution, making it invalid. I believe that John Marshall implemented this final decision because it was first of all highly appropriate, as well as it more or less was a good solution for both parties. Yes, Marbury deserved to have his commission but the lawsuit was not necessarily an appropriate way to go about receiving it. Marshall knew that if he were going to protect the power of the Supreme Court then he would have to declare the act

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Marbury pushed to sue James Madison for not receiving the commission, but under the Judiciary Act of 1789 the petition brought to the Supreme Court was declared unconstitutional and therefore illegal along with James Madison not delivering the commission. Thus the case ended establishing judicial review, which led to a set of rules that put the state and federal powers in check. The reason judicial review is so important is because it gave the federal court the power to decide whether or not something was

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The Judiciary Act of 1801, a law that created more federal judge positions, contributed to the establishment of judicial review by becoming the first law to be overturned by the process of judicial review and because it caused Chief Justice John Marshall to lay down three principles for judicial review. To begin, the Judiciary Act of 1801 was created shortly before President John Adams left office as an attempt of the Federalist party in order to help keep as many Federalists as possible in government. Adams did this knowing that he or any of his fellow Federalists would not be elected as president. This law evoked the case Marbury vs. Madison, a case between a man who had been promised a job created by the Judiciary Act of 1801 and the secretary

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A Federalist, Marbury, took it to court so that he may argue that Madison should have delivered the commissions. The Chief Justice at the time John Marshall made the decision in Marbury v. Madison that created the principle of

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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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