Marbury v. Madison Essay

September 12, 2017 Law

Marbury v. Madison was a really influential Supreme Court instance in the history of the United States. Marbury v. Madison was a United States Supreme Court instance in which the Court formed the footing for the exercising of judicial reappraisal. This happened under Article III in the Constitution. The tribunal instance helped to do a boundary between the executive and judicial subdivisions of the American signifier of authorities. In the concluding yearss of his presidential term. John Adams appointed a big figure of justnesss of peace for the District of Columbia whose committees were approved by the Senate. signed by the president. and had the official seal of the authorities on them. William Marbury. who was the Justice of Peace. asked the Supreme Court to coerce James Madison. Secretary of State. to present the committees.

The committees were non delivered. nevertheless. and when President Jefferson assumed office. March 5. 1801. he ordered Madison non to present them. Marbury so asked the Supreme Court for a writ of mandamus coercing Madison to demo ground non to have his committee. It was through three inquiries asked by John Marshall that the instance was resolved. First. did Marbury hold a right to the writ for which he petitioned? Second. if he has a right and that right was violated. make the Torahs of the United States allow the tribunals to allow Marbury such a writ? And 3rd. if they did. is it right to inquire the Supreme Court to publish such a writ? ( Nichols 1 ) . The biggest Constitutional issue with Marbury v. Madison is that it validated Article III of the Constitution which granted the Supreme Court the highest degree of judicial power in the United States. and outlined which types of instances were parts of the Court’s appellant legal power. and which were parts of its original legal power ( Mountjoy 24 ) .

There were six Justices for the instance and these were Samuel Chase. William Cushing. John Marshall. William Paterson. and Bushrod Washington. John Marshall was the justness who wrote the bulk sentiment and his reading of Article III was that. as an independent subdivision of the federal authorities. portion of the Court’s duty was judicial reappraisal. which allows the Supreme Court to analyse statute law and acquire rid of any Torahs they determined to be unconstitutional ( Mountjoy 36 ) .

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The bulk sentiment. delivered by Marshall foremost explained that Marbury was entitled to his committee since it had been signed by the president. therefore it being withheld by the tribunal was against his legal rights. This goes back to the 2nd inquiry. if he has a right. and that right has been violated so should the US grant Marbury a writ? It is the nation’s duty to supply civil autonomy and denying Marbury his rights is the antonym of that so it was said that Marbury should be allowed to hold a writ of mandamus. Marshall went on to state that it was the peculiar duty of the tribunals to protect the rights of persons. even against the president of the United States.

It was in replying the 3rd inquiry. whether the Supreme Court should be allowed to publish the writ. the Marshall addressed judicial reappraisal. Marshall ruled that the tribunal could non allow the writ to Marbury because Section 13 of the Judiciary Act of 1789 was unconstitutional. This is because harmonizing to Article III. it applied to merely instances “affecting embassadors. other public curates and consuls” and to instances “in which the province shall be party. ” ( Brannen 476 ) .

Marshall said that by widening the Court’s original legal power to include instances like Marbury’s. Congress had exceeded its authorization. And when an act of Congress is in struggle with the Constitution. it is the duty of the Court to continue the Constitution because it is the “supreme jurisprudence of the land” ( van Alstyne 29 ) . In the terminal. Marbury was denied his committee. which pleased President Thomas Jefferson and Madison.

This instance is such a important instance in US history as it established judicial reappraisal. By making this it made the Judicial Branch equal with Congress. or the Legislative Branch. and the Executive Branch. Because of this instance there have been many other tribunal instances throughout history where the tribunal has referred to Marbury v. Madison to set up its power.

As a consequence of Marshall’s determination Marbury was denied his committee — which presumptively pleased President Jefferson. Jefferson was non pleased with the talk given him by the Chief Justice. nevertheless. nor with Marshall’s avowal of the Court’s power to reexamine Acts of the Apostless of Congress. For practical
strategic grounds. Marshall did non state that the Court was the lone translator of the Constitution ( though he hoped it would be ) and he did non state how the Court would implement its determinations if Congress or the Executive opposed them. But. by his timely averment of judicial reappraisal. the Court began its acclivity as an equal subdivision of authorities — an equal in power to the Congress and the president. Throughout its long history. when the Court needed to confirm its legitimacy. it has cited Marshall’s sentiment in Marbury v. Madison.

Brannen. Daniel. and Richard Hanes and Rebecca Valentine. Supreme Court Drama. Farmington Hills: Gale. 2010. Print. Mountjoy. Shane. Marbury vs. Madison. New York: Infobase Publishing. 2007. Print. Nichols. Megan. “Marbury v. Madison and the Establishment of Judicial Review. ” Marbury v. Madison and the Establishment of Judicial Review. Web. 05 Feb. 2013. Van Alstyne. William W. “A Critical Guide to Marbury v. Madison. ” JSTOR. Duke University School of Law. Web. 06 Feb. 2013. hypertext transfer protocol: //www. ucumberlands. edu/academics/history/files/vol9/MeganNichols97. hypertext markup language

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