preview

Did William Marbury Have a Right to the Commision as Justice of Peace?

analytical Essay
580 words
580 words
bookmark

At the end of President John Adam's term, his secretary of state, John Marshall, failed to deliver documents commissioning William Marbury as the new Justice of Peace. Thomas Jefferson claimed the commissions as invalid and denied Marbury the right of Justice of Peace. Marbury then sued Jefferson's Secretary of State, James Madison asking the supreme court to demand the delivery of the documents. Did Marbury have a right to the commission? Marbury had the right of the commission due to the fact that "The order granting the commission takes effect when the Executive's constitutional power of appointment has been exercised, and the power has been exercised when the last act required from the person possessing the power has been performed."(1)The commissions grant was valid and had become effective when signed by President Adams. I felt that Marbury had rightful claim to the position as Justice of Peace because Adams did indeed sign of on the commissions. Just because the commissions weren't delivered appropriately does not take that claim away from Marbury. In 1831 the Cheroke...

In this essay, the author

  • Explains that at the end of president john adam's term, his secretary of state, john marshall, failed to deliver documents commissioning william marbury as the new justice of peace.
  • Explains that the supreme court ruled in favor of worcester validating his claim that "the state government of georgia was unable to enact legislation within areas that were not within the jurisdiction of the georgia."
  • Opines that marbury had the right of the commission because the order granting it takes effect when the executive's constitutional power of appointment has been exercised.
  • Explains that the supreme refused to hear the case claiming the tribe had no original jurisdiction. the cherokee nation v. georgia decision was unfair to the tribal nation.
  • Explains that the supreme court upheld the cohen's convictions ruling that congress did not intend to authorize the sale of lottery tickets outside of washington d.c.
  • Analyzes how the supreme court ruled in favor of mcculloch because "the necessary and proper clause of the united states constitution stated that the federal government permitted the banks to operate within the states without paying taxes."
Get Access