The Supreme Court Case Of Marbury V. Madison

1047 Words3 Pages

Rayshonna Durham
Savannah State University
POLS 1101
July 19, 2016 Marbury v. Madison William Marbury was a Federalist from Maryland, and a successful business man. Former President John Adams gave him the position of a Midnight Judge right before he left office. Things did not go as planned and the next president Marbury v. Madison just may be the most important court case in the history of the Supreme Court, this case which took place in 1803 established that certain acts were deemed unconstitutional. Marbury v. Madison was the first case to relate judicial review, which is a process which the executive and legislative branches of government are reviewed and may possibly undergo invalidation by the judicial branch. Article III of the …show more content…

Marshall just wanted things to be fair and legal and not political. Marshall’s opinion was greatly appreciated and played a major role in making judicial review well known. Marshall stated “if there is a legal right, there is a legal remedy.” Also he said Marbury had the right to commission and the laws of this country afford him a remedy. Marshall gave the Supreme Court authority to set limitations on the Executive and Legislature. I feel like John Marshall was trying to argue that no matter what goes on politically, to put all of that aside and focus on doing what is truly right. If it was left up to just the executive and legislative branches the outcome would in fact be unconstitutional. He made a very great statement and I felt like he changed the way people thought about matters prior to that particular court case, therefore is was very convincing to a majority of …show more content…

Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each. The entire case is quite the model case, it was very interesting and the outcome was shocking. The process of this court case was very detailed and Marbury just wanted to be treated fair when it came to his position being taken away from him. It was not Marbury’s fault the papers got signed, sealed, but not delivered rules should definitely be altered. (CP83) “So if a law be in opposition to the constitution: if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution, disregarding the law: the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.” Basically the court must figure out which from claiming these clashing guidelines legislates those body of evidence. This may be of the precise character for Legal

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