marbury v

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Grand Canyon University *

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325

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Arts Humanities

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Dec 6, 2023

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docx

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Uploaded by BarristerRabbit3810

Benchmark: Marbury v. Madison Maria V. Santiago College of Humanities and Social Science, Grand Canyon University JUS-325: The Adjudication Function Professor: Pamela Peiser October 6, 2023

Benchmark: Marbury v. Madison The Marbury v. Madison court case is one of the most famous, powerful, and significant court cases in history. This case allowed the courts to exist the way they do today. However, the courts as we know them today did not always function the way they do. Many issues surrounded the court system back then. However, for this essay, I will be addressing the following: the historical backdrop of Marbury v. Madison, what was Justice Marshall's rationale in reaching his final ruling in the case, what is the significance of Marbury v. Madison, and last but not least I will be further addressing if the decision of Marbury v. Madison in keeping with the intent of the constitution for the role of the judiciary. The Historical Backdrop of the Case The Marbury v. Madison case was historical because in the 1800’s it was declared to be an unconstitutional case by the Supreme Court. The court had to review that case because at the end of President John Adams's term, he had appointed approximately 42 new justices of peace and each was from his own political party. However, by the time the next president which was Thomas Jefferson had come into office not all the commissions to the justices of peace had been delivered. President Jefferson took it upon himself to order the secretary of state who was Mr. James Madison to not deliver the rest of the commissions to the rest of the justices of peace. However, this is what caused the case to be heard in court because one of the men who did not receive his commission was Mr. William Madison. He then when he found out that the new president had ordered that the rest of the commission be not delivered asked the Supreme Court to do a “writ of mandamus”, which is a court order that would for the president and secretary of

state to deliver all the commissions that had yet to be delivered to the appointed Justices of Peace. What was Justice Marshall's rationale in reaching his final ruling in the case, The Supreme Court Chief of Justice at the time was John Marshall. He stated that appointed Justice of Peace Marbury had the right to receive his commission since he had been appointed by the previous president legally. However, the courts at the time did not have that much power in order to force the president and secretary of state to give the remaining commissions out to the Justices of peace. He could not fight against the legislative or executive branch that being the president. What was holding them back was Article III of the Constitution because it provided a framework for the hearing of cases and appeals within the Judicial branch of the government. Chief Justice Marshall was aware that because of Article III if the courts ordered the president to deliver the commissions to the remaining Justices of Peace he would refuse and they could not force him. However, if they chose to not even approach the subject then the president would think that they were scared of him. Instead of this Chief Justice decided to ask the question if the courts would ever be able to have the power to order a “Writ of mandamus”? What was the significance of Marbury v. Madison? In the case of Marbury v. Madison, the significance of this case was that the Supreme Court was given the right to have the power of being able to review this case Judicially. It would be the first time the court could rule laws unconstitutionally. Not only that but it allowed the Supreme Court to be equal in power with the other two branches of the government the executive and legislative branches. This decision allowed the system to be created known as the checks and

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