Essay on The Court Case of Marbury v. Madison and Judicial Review

Marbury v. Madison has been hailed as one of the most significant cases that the Supreme Court has ruled upon. In this paper, I will explain the origins and background in the case, discuss the major Constitutional issues it raised, and outline the major points of the courts decision. I will also explain the significance of this key decision.

The decision of William Marbury (P) v. James Madison (D) recognized the USSC power to define whether a law passed by Congress was constitutional (Judicial Review). Prior to this case, it was clear that laws conflicting with the Constitution were not valid, but only because the Judiciary branch of government had not been established.

This can be considered one of the most important Supreme Court case in the history of the United States. This was the first case to deal with the principle of judicial review. When John Adams term was ending he rapidly began to appoint people to be justices of the peace in the District of Columbia under the organic act, which was an excuse to put federalists congress. What was an impulsive presidential decision became one of the most controversial Supreme Court cases in American history. When Jefferson entered office he told his senator of state James Madison to ignore the commissions because they were 'invalid' since they were not delivered before John Adams left office. William Marbury was one of the intended receivers

In Marbury v. Madison the Supreme Court of the United States first declared an act of Congress "unconstitutonal". The court ruled 5-0 that, outlined, by Article III of the constitution, it was not in the courts jurisdiction to act upon Marbury's plea to deliver his appointment. The court set a monumental precedent by deeming a decision made by congress

I believe that Marbury vs. Madison is important to Americans because it was a case in which the Supreme Court created the basis for the carrying out of judicial review in the United States under the Constitution. It demonstrates how the power of the Supreme Court, or the Federal Courts, varies not only on its constitutional ability, but on how the Constitution is understood, how the judicial branch dodges a confrontation with the other branches of government, and how the members of the court react about making a conclusion. The decision helped express the boundary between the constitutionally separate executive and judicial branches of the American method of government. In this case, it was the first time that the court could declare an act

In 1788, the ratification of the United States Constitution sought to establish the fundamental aspects of the nation’s government, laws, and protections of its citizens’ unalienable rights. Robert G. McCloskey’s The American Supreme Court (2016) explains that, during this period, the prospects of the Supreme Court were essentially unknown. As time progressed, however, the Court began strengthening its legitimacy with its decisions in major landmark court cases which, in turn, established its crucial role in shaping the judicial interests and values of the nation. As such, McCloskey (2016) traces the country’s judicial history by highlighting the Court’s great transitional periods regarding state rights, nation rights, property rights, and slavery. By the start of the 20th century, however, discrepancies began to emerge with the rise of

John Adams, on the last day of his term, appointed forty-two justices of the peace and sixteen new circuit court justices under the Organic Act, which was an attempt by the Federalists to take over the judicial branch before Thomas Jefferson took the office. The commissions were not delivered before the end of Adam’s term, so Thomas Jefferson claimed they were invalid and did not honor them. William Marbury was one of the appointed justices of the peace and appealed directly to the Supreme Court when he was denied his position. Due to the Judiciary Act of 1789, Marbury wanted the Supreme Court to make James Madison (Secretary of State) deliver the commissions.

In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his

Marbury vs. Madison was an important case due to the fact that it lead to judicial review. Congress now having the power of judicial review separated it from the other branches. In the case Marbury who was suppose to be appointed to be a justice of peace by President Adams wanted the supreme court to issue an order for the commission to be shown. In the decision Chief Justice John Marshall stated "the Supreme Court didn’t have the authority to issue the writ". (Champion,Third Edition,p.27) This decision denied Marbury's request. The court had found that it did not have the right to issue writ of mandamus which was a clause in the Judicial Act of 1789. It had the power to overturn rulings by the executive branch and Congress that conflict

Marbury Vs. Madison is one of the most important cases in the history of the Supreme Court. It was the first case in the US Supreme Court to include the principle of judicial review. In 1803, this case was written by Chief Justice John Marshall. The newly organized part of the Democratic-Republican party ran by Thomas Jefferson defeated the Federalist party ran by John Adams. After this defeat, the Federalists panicked and had to think fast. Adams interviewed a number of justices of peace for the D.C whose commissions were approved by the Senate, signed by the president, and affixed with the official seal of government in the last days of Adams’ presidency.

The case Marbury vs. Madison led to the most important decision the US Supreme Court has ever made. The parties, William Marbury, appointed Justice of Peace under the Judiciary Act of 1801 by John Adams the former US president, and James Madison, Thomas Jefferson’s Secretary of State at the time, had conflicting interests concerning William Marbury’s right to office. Madison refused to grant Marbury his appointment. This led to Marbury ordering the Supreme Court to issue a writ of mandamus, obliging Marbury to grant his commission. Marbury’s main argument was that the Judiciary Act of 1789 granted the power to issue former to the Supreme Court. By refusing the appointment, Marbury claims, is Madison violating his legal rights to obtain the commission. The Court’s ruling in this case, delivered by Mr. Chief Justice John Marshall in 1803, had an important impact on the establishment of judicial review. But was the Court’s decision justified?

The Marshall Court has left numerous legacies in place in order to help establish this great nation. Chief Justice Marshall was a man that had many impacts on our Government from strengthening the authority of the Supreme Court in Marbury v. Madison, which gave the courts judicial review, to Gibbons v. Ogden, which gave the national government undeniable power over interstate commerce by ruling a New York steamboat monopoly invalid. There were many other cases as well that were important to the government’s growth; such as Fletcher v. Peck that made it where a state law can never overthrow anything that came against the Federal Constitution. Chief Justice Marshall presided over many cases and ruled over such cases in a way that he felt would benefit the ever growing American nation. Through it all he helped establish three legacies; helping to make the federal government supreme over all things that would control the economy, he also helped to open the pathway where there’s an increased federal part to be played in economic growth, and finally in an effort to further any and all new industrial capitalist economy, he helped to make permanent protection for corporations and private businesses so that the states couldn’t interfere. These legacies helped to establish a better American nation in more ways that we can know. A key part of all of this

The Court’s final decision was unanimous and it denied Marbury’s request for the writ of mandamus. Marbury never received his appointment. This case is significant because it established the concept of judicial review. The Constitution does not specifically grant the judiciary this power. Judicial review allows federal courts to review laws and determine if they are constitutional or not. This gives the judiciary the power to void any laws that are found to violate any part of the Constitution. Therefore, Chief Justice John Marshall ruled that the portion of the Judiciary Act of 1789 that gave the federal courts the authority to hear mandamus cases was unconstitutional. Ironically, Chief Justice Marshall is the person who was the Secretary of State under Adams that sealed Marbury’s appointment.

The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican

To conclude, the Marbury v. Madison case has greatly impacted the way the Supreme Court makes decisions. Marbury v. Madison had incorporated the process of Judicial review, which allows courts to review the laws to see if they are being violated. Judicial review was utilized in countless cases, such as, Cohens v. Virginia, Ladue v. Gilleo, and McCulloch v. Maryland. To this day, the Supreme Court has utilized the Marbury v. Madison decision as a model for future