Marbury Vs Madison Cons

In 1803, a pivotal moment during the Marbury v. Madison Supreme Court case was displayed when Chief Justice John Marshall said “Law repugnant to the Constitution is void.” These words from John Marshall represent the first time the Supreme Court acknowledged and declared a Law passed by Congress was unconstitutional. The Marbury v. Madison case marked the beginning of change within the power struggle between the three branches of Government. In this essay, I'm going to delve into the history of the Marbury v. Madison case, discuss the pros and cons of the new policy, and explain why this case changed the power distribution within the United States government. As we look into the historical web of events that led to Chief Justice John Marshall’s

During John Adams’ last couple of months as president, he was on a task to fill as many judicial positions as possible to preserve his Federalist influence. One of those was the Chief Justice position, whom John Adams decided to appoint John Marshall. By the end of John Adams’ term, he had nominated 42 men to serve as justices of the peace. John Adams was rushed and wasn’t able to fill out paperwork for four of the people he nominated, one of those people was a Virginian politician named William Marbury. When Thomas Jefferson came into the presidency, he told his Secretary of State, James Madison, to withhold the four commissions that John Adams didn’t get to finish. This action enraged William Marbury and he decided to sue to get his job, Marbury went directly to the Supreme Court to hear his case. The case hearing was held on February 10, 1803. Although William Marbury had a good case, he was in a difficult position because if the ruling was in his favor, it was still up to the decision of Thomas Jefferson to obey or ignore the

The section of the Constitution outlines the original and appellate jurisdiction of federal courts. Congress’ enlargement of the Supreme Court’s jurisdiction was found unconstitutional. “The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written,” Marshall wrote. This decision on February 24, 1803, in the Marbury v. Madison case, was seen as monumental throughout the nation, it gave power to the federal courts over the other branches of government to interpret the country’s laws through the new judicial review policy. Judicial review brought balance throughout the three branches of the United States government. Although judicial review brought significant advantages to the United States government, it also brought many disadvantages. Judicial review is the power of federal courts to examine and potentially invalidate government actions that violate the Constitution. Some of the advantages of this policy include restricting a single branch from having too much unregulated power and creating a mechanism for protecting individual rights and