Essay On Marbury Vs Madison

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Marbury v. Madison
Marbury versus Madison is arguably the most important Supreme Court case of history. This case resulted from a petition to the Supreme Court by William Marbury to have a mandamus on the sectary of state James Madison. Marbury had been appointed by President John Adams as Justice of the Peace in the District of Columbia but the commission was not delivered. Marbury petitioned the Supreme Court to force Secretary of State James Madison to deliver the documents.
In order to go through with the mandamus the court have to view the subject by following a few questions. The first question was" Has the applicant a right to the commission he demands?”. The next question was “If he has a right, and that right has been violated, do …show more content…

Since Marbury has the right to a commission, the next step was to see if that right was violated. The right was violated, so the law of his country must afford him a redeem. The civil liberty claim to protect people whenever an individual receives an injury. The government have to afford the protect, it one of the first duties.

As to the final questioned was asked, the Supreme Court has the authority to review acts of Congress and determine whether they are unconstitutional and therefore void. After going over everything and looking over the constitution. The Supreme Court does not have original jurisdiction to issue writs of mandamus. Marbury was denied mandamus and did not get the commission. In order for Marbury to get commission, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction.
Marshall believed that congress could not give the Supreme Court the power to grant Marbury his commission. Only the constitution could and the document said nothing about the Supreme Court having the power to issue such an order. The Supreme Court could not force Jefferson and Madison to appoint Marbury, because it did not have the power to do …show more content…

In the jurisdiction act it say "the Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court shall have appellate jurisdiction.” Marshall held that the Constitution limited this original jurisdiction to the specific cases mention.
Even though Marbury did not win the case it really could have gone both ways. There was arguably enough facts that could let Marbury get the mandamus. Marbury did have a right for his commission unfurcantly the court did not have the power to do so . It seem like Marbury could have won the case if there was a different chief justice of the Supreme Court.
Marshall declared that Madison should have delivered the commission to Marbury, but he ruled that the Court lacked the power to issue writs of mandamus. Marshall found a common ground that boosted the Supreme Court's power. The act to establish the judicial courts of the United States authorizes the Supreme Court "to issue writs of mandamus ", but the Court ruled that this exceeded the authority of the

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