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Marbury V Madison Case Analysis

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Noor Rizwan Student number: 15049299 7th October’ 16 Introduction and summary of the case This essay includes the legal analysis of the case, Marbury v. Madison which is the most important case in the supreme court history of U.S due to the application of the principle of judicial review for the first time in the U.S. history. In this particular case, William Marbury had been appointed a justice of the peace of the District of Columbia in the last hours of the ex-president Adam’s administration. Furthermore, John Marshall, who ultimately became the chief justice of supreme court and as a part of the whole process, previously was the secretary of state and he was the one who was in charge to deliver the commission to the new judges but …show more content…

The U.S. Supreme Court has the ability to exercise judicial review of legislative acts and declare such acts unconstitutional and void. This concept of judicial review is adopted by the U.S. as a constitutional device in order to protect their fundamental laws. As mentioned earlier, Marbury v. Madison is the fundamental case which introduced the concept of judicial review in the history of the U.S. Supreme Court. Furthermore, there was three essential questions raised and outlined in this particular case decision, first of those question includes whether Marbury had the right to the commission which he is asking for is he basically entitled to that commission. Moreover, the second question entails the fact that if he was entitled to the commission and his right has been violated, he basically wants to know whether there is a remedy at law for those legal injuries suffered. As mentioned previously, Marbury asked for the commission he was entitled to, the law must afford him an appropriate …show more content…

The Court decision was written by John Marshall and the court stated that Marbury had indeed right to the commission and more certainly, the judiciary Act of 1789 was indeed unconstitutional. According to the opinion of Marshall, the Congress was not permitted to allocate the power to the Supreme Court to be able to issue an order granting Marbury his commission so basically only the constitution could do so. In addition, the document stated nothing regarding the Supreme Court having the power to file an order. In addition, it also declared that the court had no jurisdiction in the particular case and could not force Thomas Jefferson and Madison to give commission to Marbury. The Judiciary Act of 1789 gave the Supreme Court

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