Marbury Vs Madison Case

NAME OF THE CASE: Marbury v Madison 1803 VOTE: The vote count was 4-0 BASIC FACTS OF THE CASE: In March of 1801, William Marbury (along with many others being appointed to government posts) was appointed to be a Justice of the Peace near the end of Adams administration of the presidency. Being a member of the Federalist Party, John Adams tried to appoint as many Federalists into the cabinet.

The significance of the ruling in Marbury v. Madison case was that it gave the Supreme Court of United States

Jessica Goodier CJUS 101 Kyung Jhi 6 November 2014 The Marbury versus Madison case in 1803 is one of the first Supreme Court cases to apply the judicial review rule. Judicial review is a document in which legislative and executive actions are sent to review the judiciary. This principle was written by Chief Justice John Marshall in 1803. His decision led the Supreme Court become a separated branch in the government.

Madison case to justify this statement. When Jefferson took office as the third United States President in 1801, William Marbury had still not yet received his commission letter to be a Supreme Court Justice, despite recently being nominated by the previous President, John Adams, and ratified by the Senate. Jefferson instructed his Secretary of State, James Madison, not to give Marbury his commission; he didn’t want a Federalist judge. Frustrated with Jefferson, Marbury filed a lawsuit in hopes of the Supreme Court forcing Madison to give him his commission, recognizing him as an official judge. Yet, Chief Justice John Marshall declared that the Court had no original jurisdiction over the case because in the Constitution, original jurisdiction applies only to cases involving ambassadors or states.

One of the things Marshal did in the decision was scold Jefferson and his cabinet. He did this by writing that Marbury was treated poorly because his commission was illegally retained and he should have been given it when asked for. Marbury won Jefferson and his cabinet, but there was much more to this decision. Chief Justice Marshall also decided that the Supreme Court did not have power in this Case. Marshall said that the law which expanded the Judiciary was unconstitutional.

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.

In 1803, Thomas Jefferson was President of the United States of America and James Madison was Vice President. In the case Marbury vs. Madison, President Jefferson commanded Madison to fire Judge William Marbury, whom was previously appointed by President John Adams as he was leaving office, along with several other judges. Marbury later sued Madison citing the Judiciary Act of 1798. This act allowed the supreme court to review cases brought against a federal official. William Marbury was a federalist which meant he was in the same political party as Alexander Hamilton and John Adams.

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.

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.

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.

John Marshall had a significant impact on strengthening the national government during his term as Chief Justice from 1800-1830. Marshall achieved this goal by strengthening the power of the Supreme Court in three main court cases. In Marbury v. Madison Marshall established the practice of judicial review, then in McCulloch v. Maryland he weakened the central government and Gibbons v. Ogden provided the federal government with the ability to regulate interstate commerce. Marbury v. Madison (1803) was a court case that began the practice of judicial review. This case started because the night before President John Adams term ended, he appointed 42 justices of the peace.

Marbury v. Madison was heard in 1803 and is considered a landmark United States Supreme Court case which helped the Court form the basis for the exercise of judicial review in the United States under a new article of the Constitution. This was a landmark decision because it helped to define the difference in power between the executive and judicial branches of the American government. It was the first time that a court ruled that they had the power to declare an act of Congress void if it is not consistent with the values of the Constitution. McCulloch v. Maryland was decided by the Supreme Court in 1819, and was known for asserting national supremacy for state action in areas of their constitutionally granted authority.

The Supreme Court priorities from the time period of 1790 to 1865 were establishing the Judiciary Act of 1789, which was instrumental in founding the Federal Court System. The framers believed that establishing a National Judiciary was an urgent and important task. After the installation of Chief Justice John Marshall who “used his dominance to strengthen the court 's position and advance the policies he favored” (Baum 20). However, in the decision of the landmark case of Marbury v. Madison in 1803 was an example of the power he exuded “in which the Court struck down a Federal statute for the first time” (Baum 20). This created some internal conflict between Marshall and President Thomas Jefferson, however Marshall was able to diffuse this with

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.