Assignment 2: Constitutional Law: Marbury V. Madison Case

Decent Essays

Assignment 2: Constitutional Law

In this essay, I will provide legal analysis, of the Marbury v. Madison case a well-known case with a historic decision. I will address who the parties were, the plaintiff’s main argument, who made the decision, what judicial review is and whether the court has the ability to exercise this.
It all started in the 1800 presidential elections, President John Adams, a Federalist, forfeited his attempt for re-election to Democratic Republican and anti-federalist, then Vice-President Thomas Jefferson. Majority power in Congress was in the hands of, the Federalist during the Adams Presidency. However, it apparently became clear that the federalist would lose control of the Presidency and thus the majority in Congress. Before Adams lost his place as president to Thomas Jefferson, he tried to control Congress by passing the Judiciary Act of 1801 also known as the Midnight Judges act. …show more content…

In the last hours of the Adams administration, William Marbury was designated Justice of the peace for the District of Columbia, and James Madison, Thomas Jefferson’s new secretary of state who refused to deliver Marbury’s commission as well as few others. This action resulted in, Marbury (plaintiff) bringing a suit against Madison in the United States Supreme Court seeking a ‘‘writ of mandamus’’; in compelling Madison to deliver his commission. On the 24th February 1803, the final decision on the case was taken by the Supreme Court. According to David Woodard in his video “the Supreme Court Stories”, this was more of a tactical political move to prevent having too many Federalist in the judiciary of The United States of

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