Marbury V. Madison

991 Words Sep 20th, 2013 4 Pages
Marbury v. Madison On February 24, 1803 Chief Justice John Marshall and the rest of the Supreme Court decided on the seemingly insignificant case of Marbury v. Madison. While ruling the Judiciary Act of 1789 unconstitutional, Judicial Review was established. Granting the Supreme Court the power to rule acts of the Legislative and/or Executive Branch of government unconstitutional, hence serving as a landmark case that further legitimatized the Judicial Branch as a separate, but balanced branch of government. Marbury v. Madison has been used as a very important precedent throughout our history with 165 acts of Congress deemed unconstitutional as of 2010. In the Presidential election of 1800, the Democratic-Republic party of Thomas …show more content…
William Marbury has a right to the commission.
Next, since the answer is yes, does the United States grant Marbury a remedy? Yes, William Marbury was rightfully commissioned to justice of the peace, but his commission was not sent. Marbury’s rights were violated so by law the United States must grant Marbury a remedy.
Thirdly, does the Supreme Court have the power to deem acts of Congress unconstitutional? In the words of John Marshall, “It is emphatically the province and duty of the Judicial Department to say what the law is.” Yes, it is the duty of the Supreme Court to determine whether a law or action from both the Executive and Legislative Branch is deemed unconstitutional.
The next question dealing with the Judiciary Act of 1789, which was used by Marbury to petition the Supreme Court with a “Writ of Mandamus”, Can Congress expand the scope of the Supreme Courts original jurisdiction as specified under Article III of the U.S. Constitution? No, according to Chief Justice John Marshall, Congress cannot grant the Supreme Court power. The Judiciary Act of 1789 is deemed unconstitutional. Nowhere on the Constitution does is state that the Supreme Court has the power to force Madison to commission Marbury.
Lastly, Does the Supreme Court have original Jurisdiction to issue a “Writ of Mandamus”? Since the Judiciary Act was considered unconstitutional, the
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