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Apr 3, 2024

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Wilson 1 Freddrick Wilson Prof. Cynthia Burrus GOVT 2305 February 15, 2024 The Real Case of 1803 The election of 1800 played out like a messy episode of The Real Housewives! One party is leaving, the other is taking over but clever actions ensue. When the shift of power isn’t so smoothly a few good men act and exercise their legal right to what's theirs. These actions in turn will change the political landscape and secure SCOTUS as the highest court in the land. It’s the 1800 election and Federalist President John Adams is defeated by Democratic Republican Thomas Jefferson. To keep Federalist power in judicial courts, President Adams in his final hours in office, signs and commissions over 50 Justice of the Peace and circuit court judges. He assigned his Secretary of State soon turned appointed judge John Marshall to hand deliver these documents. As mentioned in Law, Culture and the Humanities 15, “to enter into a discussion of Marbury is above all to enter into John Marshall's discussion of the Constitution.” (Clyde, 2019) But with such limited time on getting the commissions out, few would not receive them in time. One of these few would be William Marbury. With the incoming President instructing the new Secretary of State, James Madison to hold off presenting the commissions, Marbury was forced to file a petition in the Supreme Court to honor is right to commission. Madison had played so essential a
Wilson 2 role in the adoption of the Constitution and its first amendments. (Rakove. 2002) Marbury wanted the court to issue Madison a Writ of Mandamus, forcing him to tell the whereabouts of his undelivered document and why he couldn’t fulfill his rightful duty. The trial's presiding judge was former secretary of state and Federalist John Marshall! While he did rule that Murbary was rightfully entitled to his commission, he also ruled that because of not receiving his appointment in time, the court could not step outside its authority and grant his appointment or writ of man as Congress had done. As much as he may have wanted to rule in his favor, he referred to the Judiciary Act of 1789. This would make the approval of his appointment, therefore Congress, unjust. In this case, “Marbury's declaration that a provision in the Judiciary Act of 1789 was unconstitutional.” (Graber, rev. 2013) Marshall rules against Congress in that Section 13 of the law violates the constitution as it practiced unconstitutional rights. Giving them not only the power to hear such cases but rule against another court in its validity of the Constitution. In a following suit, he U.S. Supreme Court set up its own authority to rule on the constitutionality of laws, a process called judicial review. (Krutz & Waskiewicz, 2021) This makes this case important because it was a needed addition in checks and balances, enforcing better separation of powers by allowing the courts judicial review.
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