Marbury V. Madison: The Most Important Cases In The History Of The Supreme Court
analytical Essay
711 words
Marbury v. Madison (1803) is one of the most important cases in the history of the Supreme Court. It began in 1800, with the beginning of the Democratic-Republican party of Thomas Jefferson (McBride). John Adams of the Federalist Party had just been defeated and creating political alarm for the group (McBride). John Adams in his final days of presidency decided to appoint a great number of justices of the peace (McBride). The new President Jefferson and his Republicans were infuriated with Adams act before he left office. John Adams passed the Judiciary Act of 1801 that allowed sixteen new federal circuit judges, on his way out of office he nominated all sixteen (American Bar Association). Part of the Judiciary Act of 1801 allowed for legislation to authorize the President to appoint the same number of judges as he thought was necessary. Labeled the Midnight Judges Adam had appointed to office on his exit was confirmed by the Senate, …show more content…
In this essay, the author
- Explains that marbury v. madison (1803) is one of the most important cases in the supreme court's history.
- Explains that adam appointed midnight judges to office on his exit was confirmed by the senate, which was federalist controlled. however, the new president thomas jefferson’s took office when his secretary of the state james madison refused to deliver the commissions.
- Analyzes how the supreme court ordered james madison to show cause for why a writ of mandamus should not be issued to deliver the documents.
- Explains that the supreme court could not provide an outcome in favor of marbury because the judiciary act of 1789 expanded the role of the courts pass what is permitted within the constitution.
- Analyzes how the supreme court declared an act of congress unconstitutional on behalf of the opposite of what the constitution permits.
Before this case, the Supreme Court was never intended to have control beyond the other branches. It established that the Supreme Court was an independent branch of the government, which can exert their ability to implement “constitutional limits on their powers” (American Bar Association). The case also created the concept of judicial review, the ability for the Court to review a statue, for being unconstitutional (Kelly).It also showed what was intended for the branches of government to be coequal. The direct outcome that came from the decision that denied power to the Supreme Court, also established the rule that the duty of the judicial department is to give or take how the law is (History.com). The outcome from the Marbury v. Madison case showed that the final arbiter of the principles of the Constitution is the Supreme
Related
- analytical
- argumentative
- explanatory
- opinionated
- The Court Case of Marbury v. Madison and Judicial Reviewanalytical essayThe court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
In this essay, the author
- Argues that nothing in history is truly unprecedented, and marbury v. madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review.
- Explains that john adams, the previous federalist president, lost the election of 1800 to thomas jefferson, a democratic-republican. the dispute between marbury and madison sparks the famous case.
- Opines that if marshall's actions were iconic, he would have been credited with the creation of judicial review.
- Analyzes how the modern views on marbury v. madison were influenced by different viewpoints on the facts of the case and the constitutionality of judicial review.
- Opines that the book "marbury v. madison and judicial review" by robert lowry clinton is unenjoyable since it is a topic i have little interest in.
866 wordsRead More - Marbury vs. Madisonargumentative essayMarbury vs. Madison Under the administrations of Washington and his successor, John Adams, only members of the ruling Federalist Party were allowed to be on the bench, and under the Constitution, they held office for life during "good behavior." So when the Republicans won the election of 1800, the Jeffersonians found out that even though they controlled the presidency and Congress, the Federalists still had control of the judiciary. One of the first acts of the new administration was to repeal the Judiciary Act of 1800, which had created a whole bunch of new judgeships. Although President Adams had attempted to fill the vacancies before the end of his term, a number of commissions had not been delivered, and one of the appointees, William Marbury, sued Secretary of State James Madison to force him to deliver his commission as a justice of the peace.
In this essay, the author
- Explains that under the administrations of washington and his successor, john adams, only members of the ruling federalist party were allowed to be on the bench.
- Explains that the new chief justice, john marshall, understood that if the court awarded marbury a writ of mandamus, the jefferson administration would ignore it and this would weaken ity of the courts.
- Analyzes how jefferson declared that madison should have delivered the commission to marbury, but then held that the section of the judiciary act of 1789 that gave the supreme court the power to issue writs of mandamus exceeded ity allotted the court under article iii
- Explains the importance of marbury, citing the supreme court's power to declare congress' acts unconstitutional if they exceeded the powers granted by the constitution. the court became an equal partner in government.
- Explains that the court would not declare another act of congress unconstitutional until 1857, and it has used that power sparingly.
- Recommends george l. haskins and herbert a. johnson, foundations of power: john marshall, 1801-1815, and donald o. dewey, marshall v. jefferson: the political background of marbury
- Explains that "jeffersonians" and "republicans" refer to the adherents of the same party, the party of thomas jefferson and james madison.
382 wordsRead More - The Supreme Court Case: The Marbury V. Madisonanalytical essayIn the presidential election of 1800, Thomas Jefferson defeated John Adams to become the third president of the United States. The Judiciary Act of 1801 was passed which modified another act in 1789 that established ten district courts, six circuit courts, and the addition of judges to each circuit giving the president authority to appoint federal judges. The Marbury v. Madison was a landmark case in 1803 in which the court formed the basis for the exercise of judicial review. The landmark decision defined the boundary between separate judicial and executive branches of the American form of government. The Marbury v. Madison case of 1803 played a key role in making the Supreme Court a separate branch of government.
In this essay, the author
- Explains that jefferson defeated adams to become the third president of the united states. the judiciary act of 1801 established ten district courts, six circuit courts and the addition of judges to each circuit giving the president authority to appoint federal judges.
- Explains that william marbury petitioned the supreme court for a legal order for madison to show-case why he shouldn't receive commission. marshall's lecture to president jefferson about the rule of law was controversial.
- Explains that marshall addressed the question of judicial review, stating that the court could not grant the legal order based on section 13 of the judiciary act of 1789, which granted the right to become unconstitutional.
- Analyzes marshall's decision that marbury was denied his commission, which pleased president jefferson. marshall did not mention that the court was the only interpreter of the constitution.
- Explains that the marbury v. madison case of 1803 was a unanimous 4-0 vote for madison with the aid of section 13 of the judiciary act of 1789.
595 wordsRead More - Marbury vs Madisonanalytical essayMarbury vs Madison As the government was newly establishing its stronghold on the nation, forging its way to a powerful republic and instituting precedents for the future, a struggle to preserve the foundations of American Society instituted by Washington and John Adams existed as Thomas Jefferson took office. In an attempt to maintain the “edifice of the National Government” believing Jefferson would topple the prestigious nation with his atheist views, Adams appointed various Federalists to the judiciary. Thus, attributing to the single most significant case of the Supreme Court, Marbury Vs. Madison, a struggle between Republicans and Federalists that would end in a future altered by fate. This controversial landmark case established the constitution as “Supreme law” of the United States and developed the power of the Supreme Court, enhancing its independence and proving it a nonpartisan instrument.
In this essay, the author
- Analyzes how marbury vs. madison established the constitution as "supreme law" of the united states, enhancing its independence and proving it a nonpartisan instrument.
- Explains that adams was determined to keep the federalists in office, but in a "midnight appointment" he created the judiciary with 'a stronghold of federalism'.
- Analyzes how marshall was determined to assail upon jefferson and used this case as an excuse, especially because of the abolition of circuit courts and the postponed supreme court hearing.
- Explains that marshall was thrown into a position that would shape the future power of the supreme court. his only option was to issue the writ requested by madbury, which was an act of contempt toward the executive branch.
- Explains that marbury was entitled to his commission and madison's acts were a violation of the law, but the supreme court couldn't authorize writs. marshall backed this weak argument up with section 13 of 1789.
- Analyzes how marshall's idea of judicial review has become the most distinguishing trait of the american constitutional system and a precedent of power in the judiciary today.
922 wordsRead More - Judicial Review: Federalist 78, Alexander Hamiltonanalytical essayIn Federalist 78, Alexander Hamilton argued that the Judicial Branch is the “least dangerous to the political rights of the Constitution" and that it is “beyond comparison the weakest of the three departments of power” since it has “neither force nor will, but merely judgment.” [*] While it is true that Hamilton wrote the Federalist Papers as propaganda to garner support for the Constitution by convincing New Yorkers that it would not take away their rights and liberties, it is also true that Article III of the Constitution was deliberately vague about the powers of the Judicial Branch to allow future generations to decide what exactly those powers should be. In the 1803 case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, established the Court’s power of judicial review. However, as Jill Lepore, Harvard professor of American History, argued, “This was such an astonishing thing to do that the Court didn’t declare another federal law unconstitutional for fifty-four years” after declaring the Judicial Act of 1789 unconstitutional in Marbury v. Madison. [*Jill Lepore] Alexander Hamilton was incorrect in his assertion that the Judicial Branch is the least dangerous to political rights and the weakest of the three government branches because judicial review has made the Supreme Court more powerful than he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78.
In this essay, the author
- Argues that hamilton was wrong in his assertion that the judicial branch is the least dangerous to political rights and the weakest of the three departments of power.
- Analyzes how hamilton argued that the judicial branch would not harm individual liberties without the aid of the executive branch.
- Analyzes how the supreme court's decision in marbury v. madison established the constitution as the supreme law, which no other law or government department can contradict.
- Explains that judicial review allows the supreme court to take an active role in ensuring that the other branches of government abide by the constitution.
1059 wordsRead More - How Did John Marshall Influence The Federal Governmentexplanatory essayMarshall made a landmark decision in the MARBURY V. MADISON case, that would define the boundries between the executive and judical branches of the American government. Marbury had been appointed as a Justice of the Peace by John Adams, but his commission was not delivered before Thomas Jefferson assumed the Presidency in 1801. Marbury filed a petition with the Supreme Court to force the Secretary of
In this essay, the author
- Explains that john marshall was named chief justice of the supreme court in 1801 by john adams, a position he held until his death.
- Explains marshall's landmark decision in the marbury v. madison case, which defined the boundries between the executive and judical branches of the american government.
- Explains that alexander hamilton admired the central banks of europe and wanted the same for the united states. he proposed a national bank based in philadelphia.
468 wordsRead More - Marbury V. Madison (1803-1803)explanatory essayMarbury v. Madison-1803- Background: The night before Thomas Jefferson was elected into office John Adams appointed several justices, including justices of the peace, known as the midnight judges. John Adams signed off the Commissions for these justices, but not all of the Commissions were delivered before his term ended. William Marbury (Marbury) was one of the justices of the peace appointed by John Adams. John Adams left the White House, Marbury did not receive his commission under the new president, Thomas Jefferson, who ordered his Secretary of State James Madison (Madison), to withhold these Commissions.
In this essay, the author
- Explains that the night before thomas jefferson's election, john adams appointed several justices, including the midnight judges, but not all of them were delivered before his term ended. marbury upset with the decision brought suit to the supreme court.
123 wordsRead More - Research Paper On Judicial Branchopinionated essayThe supreme court case of Madison v Marbury was the most important case in establishing the power Judicial Branch of the United States. The case provided a power to the courts which made it an equal with both the Executive and Legislative Branches. The cases began as follows. John Adams attempted to fill political positions with those who were apart of his party before his time in office ended, which is something still done today. Adams had the commissions approved by the senate and signed for, even going as far as marking them with the official seal of the US Government (McBride). However, when Thomas Jefferson
In this essay, the author
- Explains that madison v marbury was the most important case in establishing the power judicial branch of the united states.
- Opines that marshal made the judicial branch an equal with the other branches by limiting the acts of both branches based on their constitutionality.
398 wordsRead More - Judicial Branch Importanceanalytical essay...mething that displays the importance between Marbury v. Madison and U.S. v. Nixon was that, “In reaching its decision, in this case, the Supreme Court drew upon the famous statement of Justice John Marshall in Marbury v. Madison, 1803: “It is emphatically the province and the duty of the court to say what the law is” (Guidance Associates). And judicial review has played a significant role in this by allowing courts to have the power to fully enforce the Constitution to protect the public.
In this essay, the author
- Explains that the judiciary is one of three branches of government that play a crucial role in the united states.
- Explains that the judicial branch is responsible for interpreting federal laws and the u.s. constitution, resolving legal disputes, trying criminal and civil cases, protecting individual constitutional rights, and managing the docket and judicial caseload.
- Explains that the constitution doesn't say anything about the qualifications of the supreme court members, so the president is bound to use the same criteria as they do when they make other appointments.
- Opines that the constitution has done its best to ensure checks and balances are applied even as it comes to nominations for the supreme court by having the president and senate involved.
- Explains that stare decisis and precedent play crucial roles in judicial decision-making in the american system, as they promote certainty in our legal system and prohibit judges from using their own logic.
- Explains that stare decisis promotes evenhandedness, predictable and consistent development of legal principles, fosters reliance on judicial decisions, and contributes actual and perceived integrity.
- Explains that stare decisis is somewhat weakened in courts due to the fact that higher courts are capable of overturning their own decisions.
- Argues that judicial rulings are based on personal views or political aspects rather than an existing law, which plays a crucial role in how stare decisis and precedent play out in later cases.
- Explains that stare decisis and precedent are still highly debated topics in today's society. it rely on past cases to help with a decision and takes the political thinking out of the way.
- Opines that marbury v. madison and u.s.
- Analyzes how marbury v. madison shows the political dilemma between the judicial and executive branches of government. judicial review allows the supreme court to determine the constitutionality of all laws.
- Analyzes how nixon abused power and broke the law in u.s. v. nixon regarding the watergate scandal.
- Opines that no court decisions such as u.s. v. nixon could have been reached without marbury
- Analyzes how chief justice marshall established the judicial branch as an equal partner with the executive and legislative branches within the developing system of government.
- Analyzes the importance of judicial review in marbury v. madison and u.s.
- Explains that checks and balances played a significant role in both marbury v. madison and u.s.
1594 wordsRead More - Constitutional Government Controls The Exercise Of Political Powerexplanatory essayAside from the direct process of changing the Constitution, the effect of its provisions may be changed by judicial interpretation. Early in the history of the republic, in the 1803 case of Marbury v. Madison, the Supreme Court established the doctrine of judicial review, which is the power of the Court to interpret acts of Congress and decide their constitutionality. The doctrine also embraces the power of the Court to explain the meaning of various sections of the Constitution as they apply to changing legal, political, economic, and social conditions. Over the years, a series of Court decisions, on issues ranging from governmental regulation of radio and television to the rights of the accused in criminal cases, has had the effect of bringing up to date the thrust of constitutional law,
In this essay, the author
- Explains that the constitution of the united states is the central instrument of american government. it has provided the basis for political stability, individual freedom, economic growth, and social progress.
- Explains that a weak central government, without military strength, was handicapped in foreign affairs. the british refused to withdraw their troops from the forts and trading posts in the new nation's northwest territory.
- Explains that amendments must have the approval of three-fourths of the states before they enter into force.
- Explains that the supreme court established the doctrine of judicial review, which is the power of the court to interpret acts of congress and decide their constitutionality.
455 wordsRead More