Marbury V Madison Essay - 1362 Words

Marbury v. Madison (1803) Marbury v. Madison has been hailed as one of the most significant cases that the Supreme Court has ruled upon. In this paper, I will explain the origins and background in the case, discuss the major Constitutional issues it raised, and outline the major points of the courts decision. I will also explain the significance of this key decision. Origins and background of the case In the late 1700s, John Adams was President. Adams was a member of the Federalist Party. The Federalists were in control of the Congress. Adams and other Federalists were Pro-British and the Republican Party was Pro-French. Thomas Jefferson led the Republicans. Federalists were worried that the influx of French into the country†¦show more content†¦There was a long lame duck period between the November election and the inauguration of a new president, and the Congress that met in December 1800 was the old Congress. The Federalist controlled Congress passed the Judiciary Act of 1801, which created circuit courts of appeal, and relieved the justices of the Supreme Court of their obligation to travel around the country to hear cases. It also increased the jurisdiction of the federal courts. Adams immediately appointed several new judges and the Senate confirmed the 16 new judges to these courts, all Federalists. James Madison was one of the 42 Justices of the Peace that were also created with the Judiciary Act of 1801. These Justices served the Washington and Virginia areas. It is also important to know that all of these Justices were also Federalists. Adams was trying to stack the Judiciary with the outgoing Federalist Party members. Many of these Justices were qualified to hold these jobs however. John Marshall was the Secretary of State for President Adams. It was his job to deliver these commissions to the new appointees. Many of them were delivered, but some were not, including, William Marburys. When the new President, Thomas Jefferson, was sworn in, he told the new Secretary of State, James Madison, to not deliver the commissions to the other judge appointees. Marbury and several others broughtShow MoreRelatedMarbury V. Madison991 Words   |  4 PagesMarbury v. Madison On February 24, 1803 Chief Justice John Marshall and the rest of the Supreme Court decided on the seemingly insignificant case of Marbury v. Madison. While ruling the Judiciary Act of 1789 unconstitutional, Judicial Review was established. Granting the Supreme Court the power to rule acts of the Legislative and/or Executive Branch of government unconstitutional, hence serving as a landmark case that further legitimatized the Judicial Branch as a separate, but balanced branchRead MoreThe Case Of Marbury V. Madison1635 Words   |  7 PagesThe Constitution was founded in order to limit the power of the government and protect the rights American citizens. This proved true in the case of Marbury v. Madison (1803), when the Supreme Court of the United States established its power of judicial review when it declared that Section 13 of the Judiciary Act of 1789 was unconstitutional according to Article III of the Constitution. Considering this, the Supreme Court’s decision to uphol d an interpretation of the Constitution that aligns withRead MoreThe Case Of Marbury V. Madison854 Words   |  4 Pagesdecide whether a law or action is consistent with fundamental laws such as the Constitution. This paper will be exploring the history behind the paramount case of Marbury v. Madison, 1803 and its decision that established the power of Judicial Review, the importance and relevancy of Judicial Review in modern government through the case of Ladue v. Gilleo, 1994, and lastly the criticisms of the powers and duties behind Judicial Review. The intentions behind the judicial review sprouted from the disagreementsRead MoreMarbury V. Madison, 1803881 Words   |  4 PagesAPUSH: 1 27 October 2015 Case Briefs Marbury v Madison, 1803 John Adams, on the last day of his term, appointed forty-two justices of the peace and sixteen new circuit court justices under the Organic Act, which was an attempt by the Federalists to take over the judicial branch before Thomas Jefferson took the office. The commissions were not delivered before the end of Adam’s term, so Thomas Jefferson claimed they were invalid and did not honor them. William Marbury was one of the appointed justicesRead MoreThe Case Of Marbury V. Madison1601 Words   |  7 PagesIn the year 1803 the case of Marbury v. Madison was brought before the Supreme Court in order to address the issue of William Marbury’s appointment as federal circuit judge. This created a unique and complex challenge for the Supreme Court of the time because they were operating under no legal precedent, which meant that they had no prior cases to reference to reach a ruling. The issue came to a head after the Judiciary Act of 1801 allowed for President John Adams to ap point sixteen new circuit judgesRead MoreThe Case Marbury V. Madison1442 Words   |  6 PagesOne of the major results of the case Marbury v. Madison was this term called judicial review. Judicial review, today, is a task that the Judiciary Branch of the government performs on legislative acts that are passed to determine whether or not the acts are considered Constitutional. One of the biggest changes made not too long ago by the Judges in the Judiciary Branch, using judicial review, was the ruling that restricting same-sex marriage is considered unConstitutional and they made same-sex marriageRead MoreMarbury V. Madison Case3462 Words   |  14 PagesMarbury v. Madison Marbury v. Madison was the case that was considered a landmark concerning judicial review in regards to the jurisdiction of the Supreme Court. What had taken place was that the President at the time had appointed a group of men to the positions for justices of the peace and for the District of Columbia, circuit judges, which included in the group, William Marbury. Later they were subsequently approved by the senate. After approval, President Adams signed the commissionsRead MoreThe Case Of Marbury V. Madison940 Words   |  4 PagesJurisdiction†. The case of Marbury v. Madison interprets matters of original Jurisdiction, â€Å"The 1789 act to establish the Judicial courts of the United States authorizes the Supreme Court to issue writs of mandamus, however this can only be granted when the Court has original jurisdiction, in al other cases, the Court shall have appellate jurisdiction, both as law and fact†¦Ã¢â‚¬  furthermore, we consider, if this statute was good law, it would make the state a party, to that we turn to Cohens v. Virginia, a caseRead MoreEssay on The Case of Marbury v. Madison973 Words   |  4 Pages The case of Marbury v. Madison centers on a case brought before the Supreme Court by William Marbury. Shortly after Thomas Jefferson defeated John Adams in the election of 1800, Congress increased the number of circuit courts. Adams sought to fill these new vacancies with people who had Federalist backgrounds. To accomplish this, he used the powers granted under the Organic Act to issue appointments to 42 justices of the peace and 16 circuit court justices for the District of Columbia. AdamsRead MoreMarbury v. Madison: Judicial Review Essay1032 Words   |  5 PagesIn the case of Marbury v. Madison the power of judicial review was granted to the Supreme Court in 1801. The Constitution does not give power of judicial review. On Adams last day in office, several government officials upheld the case. Judicial review does not exist in countries that have a centralized or unitary form of government. The elected parliament declares it is the law of the land. Halsema Proposal to Netherlands has taken the initiative to start the process of judicial review.