The Marbury Versus Madison Case Essay

The Marbury Versus Madison Case Essay

Length: 1117 words (3.2 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

The Marbury versus Madison case of 1803 irrefutably remains one of the most significant cases in history of the Supreme Court, because it was the first United States Supreme Court case to utilize the principle known as judicial review (History.com Staff, 2009). This principle gives the Judicial Branch of the government, in particular the federal courts, the power to declare an act of Congress null and void if they find that it conflicts with the Constitution of the United States. This mandate, by Chief Justice John Marshall, would become a point of contention that places the Supreme Court on par with not only Congress, but the Executive Branch of the government as well.

The sequence of events leading to this decision comprised a complex series of facts. First, Thomas Jefferson, a member of the recently organized Democratic - Republican Party, defeated John Adams, a member of the Federalist Party, which generated a tone of political panic for Federalist Party members (LAWNIX, n.d.). As a result, John Adams in the last few days of his administration began to appoint a considerable number of individuals as justices of peace for the District of Columbia. Their commissions agreed upon by the Senate, and further signed by President Adams, with the government’s official seal had a delay in delivery. Hence, when President Jefferson took his office the 5th of March in 1801 and at this time he mandated that James Madison, the Secretary of State of his cabinet, was not to relinquish them. Consequently, William Marbury, an appointee, appealed to the Supreme Court along with three other appointees for a writ of mandamus, which is a legal order that obliged Madison to substantiate the refusal of these commissions.

Thus, the resolution of t...


... middle of paper ...


... check and balance of the individual branches. Furthermore, Jefferson professed an opinion that the dictates that maintains that the judges have the right to decide constitutionality of the laws for the Judicial, as well as, the Legislature and Executive branches creates a form of despotic control. In these thoughts, I must concur because I too maintain that no one person or in this case a governmental branch should possess sole authority to dictate what is constitutional and what is not constitutional. I do feel that the judiciary branches responsibility to interpret law, but constitutional interpretation should require multiple branches since the whole of the document was to provide a check and balance system. Our Constitution, professes that we are a government for the people by the people, and I feel that one interpretation dose not substantiate this premise.



Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Marbury v Madison: Judicial Review Essay

- Marbury v. Madison, which established the power of judicial review for the Supreme Court, changed the course of American history. This power to review legislation that congress has passed and possibly deem it unconstitutional has had a profound impact on American society. This power provides a check on the Legislative branch, but it also lends itself to an important debate over when the Court can and should use this power. Should the court use this power to increase the power of the national government, something many call judicial activism....   [tags: Legislative Branch, Commerce Clause]

Better Essays
1201 words (3.4 pages)

Marbury v. Madison: Judicial Review Essay

- In the case of Marbury v. Madison the power of judicial review was granted to the Supreme Court in 1801. The Constitution does not give power of judicial review. On Adams last day in office, several government officials upheld the case. Judicial review does not exist in countries that have a centralized or unitary form of government. The elected parliament declares it is the law of the land. Halsema Proposal to Netherlands has taken the initiative to start the process of judicial review. President John Adams and the Federalist lost the election to Thomas Jefferson....   [tags: Marbury v. Madison]

Better Essays
1021 words (2.9 pages)

Marbury V. Madison ( 1803 ) Essay

- 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....   [tags: Thomas Jefferson, James Madison]

Better Essays
711 words (2 pages)

Essay about The Case Of Marbury V. Madison

- The case of Marbury v. Madison was a monumental United States Supreme Court case. It is the case to which judicial review came to be. The case was brought to the Supreme Court by William Marbury against James Madison. It was a critical ruling based on interpretation, and still impacts modern law. William Marbury was appointed to be Justice of the Peace in the District of Columbia, by President John Adams. However, President Adams failed to finalize his commission before leaving office. James Madison then refused to issue the documents....   [tags: Supreme Court of the United States]

Better Essays
728 words (2.1 pages)

The Case of Marbury v. Madison Essay

- ... Adams signed the appointment and Marshall sealed it thereby giving Marbury legal right to the office he was appointed to. Therefore, denying delivery of the appointment to him was a violation of his rights and the law provides him remedy. The third question was to determine whether the Supreme Court had the authority to review acts of Congress for their constitutionality. The Court decided that it did have such authority to determine whether laws were unconstitutional and void. The judiciary has the duty to interpret the law and determine if a law violates any part of the Constitution....   [tags: supreme court, jurisdiction , congress]

Better Essays
989 words (2.8 pages)

The Case Of Marbury Vs. Madison Essays

- What is most remarkable about the case of Marbury vs. Madison is the clever way in which Chief Justice John Marshall approached the Court’s final decision. He and his colleagues decided to use a three-pronged test to determine whether or not Mr. Marbury was entitled to the reprieve he was seeking. And it seemed as if he would. But then, two-thirds of the way into the Court’s opinion, Marshall decided to refer back to the Judiciary Act of 1789. After careful review, he announced that this writ of mandamus in particular was actually an expansion of original jurisdiction....   [tags: Supreme Court of the United States]

Better Essays
1058 words (3 pages)

The Case Of Marbury Vs. Madison Essay example

- America’s foundation has been built upon the principles of democracy. All people of the nation are represented through selected individuals who work solely for the ideals of the governed. America’s specific government functions from three different branches; Legislative (House and Congress), Judicial (Court Systems), and Executive (President). Having three different branches of government enables each branch to constantly access one another, so one does not get more powerful than the other. This is a system of checks and balances....   [tags: Separation of powers, United States]

Better Essays
728 words (2.1 pages)

The Case Marbury V. Madison Essay examples

- Judicial Assignment The United States was founded on the principle that the law not man governed, the law being manifested in the Constitution which in 1787 was ratified as the supreme law of the land. Its success is due in large part to the vagueness and relative freedom it allows in interpreting its meaning, having very limited explicit passages. Such vagueness extends to the basic principle of enforcing the laws of the country which although agreed upon by the states, nevertheless provides no effective means by which they are to be enforced....   [tags: Supreme Court of the United States]

Better Essays
996 words (2.8 pages)

The Court Case of Marbury v. Madison and Judicial Review Essays

- ... Here is the contradiction to popular belief. Marshall was not a pioneer for the creation of fair and equal government, he was really trying to make a decision that would protect his position while pleasing both the Federalists and the Democratic-Republicans. This is most accurately described by Robert G. McCloskey: “ a mastery of indirection [is]…Marshall’s ability to sidestep danger while seeming to court it, to advance in one direction while his opponents are looking another”(Clinton 6). Marshall’s actions were fueled by political concerns, not legal....   [tags: supreme courts, federalists, justice]

Better Essays
866 words (2.5 pages)

Essay about Marbury V. Madison ( 1803 )

- Derek Bloom Marbury v. Madison (1803) Introduction Marbury v. Madison (1803) refers to a landmark case in US law that laid the basis for the application of judicial review, particularly under Article three of the Constitution. The outcome of the case helped define the limits between the country’s distinct executive and judicial branches. Marbury v. Madison (1803) came about after William Marbury’s application to the (SC) Supreme Court. The application came after President John Adams appointed him as Justice of the Peace....   [tags: Supreme Court of the United States]

Better Essays
1743 words (5 pages)