Marbury vs Madison

analytical Essay
922 words
922 words

Marbury 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. It established the precedent for the Supreme Court to rule on the constitutionality of laws, through the principle of judicial review. The development of this power to interpret the constitution instituted the flexibility of the constitution and the ability to forge a road of precedent unfamiliar to the new government, as well as firmly grounding the role of the Judicial Branch. To up hold the precedent already established in the united states by Federalists such as Washington and in fear of the Democratic republican ideas of Jefferson, Adams was determined to keep the ...

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.
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