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What Is The Impact Of The Marbury Vs Madison Case Brief

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Marbury v. Madison (1803) Background: John Adams, during the last days of his presidency, in order to ensure federalist interests were represented in the judicial system, appointed as many judges and justices as he could before leaving office. This number was drastically increased by the Judicial Act of 1801 which created an abundance of new positions in the federal court system. This act became know as the Midnight Judges Act, as Adams attempted to process as many nominations as he could before his successor took office at 12:00am March 4th, 1801. Issue(s): William Marbury was nominated by John Adams to serve as a judge in the court system, however, John Marshall, the Secretary of State at the time, failed to process the nomination before …show more content…

However, the court shifted positions after deeming the Judicial Act of 1789, which gave Marbury the ability to petition directly to the Supreme Court, did not align with the constitution. Legal Impact of the Decision: This was the first time that the Supreme Court had ever deemed a law, passed and executed by different branches of government, unconstitutional, and established the concept of Judicial Review, or the ability of the court to determine the constitutionality of laws and actions. The case also redefined the reach of Original and Appellate Jurisdiction for the Supreme …show more content…

This gave way for the regulation of radio and television airways, airliners, and railway. Fletcher v. Peck (1810) Background: In 1795 Georgia state legislatures, after multiple bribes, sold 30 million acres of the western land of the state (now Alabama and Mississippi), known as Yazoo land, cheaply to land development companies. These legislators were voted out after this story had been made public. The new assembly voided the sale of this land in 1796. Issue(s): John Peck, sold his share to Robert Fletcher while it was still valid. After the sale of this land had been voided, Fletched claimed this to be fraud in 1803. This claim gave rise to the question over the sanctity of legal contracts and it the ownership of property could be voided by legislation. Court Decision(s): Chief Justice – John Marshall The Supreme Court ruled that Peck was not at fault and that the Georgia State Government does not have the authority to pass legislation which negates anyone’s title to property. Legal Impact of the

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Case: Marbury v. Madison Citation: 5 U.S. (1 Cranch) 137 (1803) Vote: 4 to 0 Facts: In 1800, Thomas Jefferson defeated John Adams. Before Adams last day in office, he appointed several justices of the peace. These justices were approved by the senate and president. The commissions were not delivered because when Thomas Jefferson took office in 1801 he ordered his secretary of state, James Madision, not to make any deliveries.

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Adams Appoints Marshall In Adams Appoints Marshall by Gordon S. Wood the thesis is how John Marshall saved the Court’s Independence and made possible its vast-raging role today. “Many Jurists and constitutional scholars stand for the 1803 ruling in the case of Marbury v. Madison to be in most precedent case in the early republic,” (86). This would not have happen if John Marshall was not appointed. John Marshall’s campaign goal was to not only to save the courts role in interpreting the constitution but its dependence as well.

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