Marbury Vs Madison Case Essay

658 Words2 Pages

In discussing whether Marbury v. Madison could be the precedent to the cases of Linda and Jennifer v. Daisy, there are several differences between the two cases that should be talked over or emphasized. First of all, some might argue that the case of Marbury v. Madison couldn’t be the precedent of Linda’s and Jennifer’s cases since the difference of the positions of the three people were appointed. Marbury was appointed as a justice of the peace, which was a judicial position, and couldn’t be removed only because of the president’s favor. On the other hand, a president was able to decide whether to make a secretary assisting the President of the United States on matters regarding the While House management and the head of the Environmental Protection Agency stay or leave; in short, the appointment of these two positions were deeply related to the president’s will. Nevertheless, though it surely made difference between two …show more content…

In the aforementioned case, the outgoing president and President Jefferson had different opinions when it came to whether appoint Marbury or not. In the judgement of Marbury v. Madison, John Marshall said that to perform the political duties, the president is authorized to appoint certain officers in order to aid him. These officers should follow the president’s order and act by his will. To some degree, what Madison, one of the officers mentioned above, had done was acting by the president’s authority. On the contrary, in Linda’s and Jennifer’s cases, the president’s will didn’t change at all; the reason why Daisy didn’t deliver the letter was only because her personal feelings. Though both case ended up with the plaintiffs didn’t get their respective letter of appointment, the reason that led to this outcome was completely different, and this was what made the case of Marbury v. Madison not the precedent of Linda’s and Jennifer’s

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