Marbury Versus Madison

3744 Words15 Pages
| | | | Marbury versus Madison Sarah McClam MARBURY VERSUS MADISON In the weeks after John Adams lost his bid for re-election to Thomas Jefferson in 1800, the Federalist Congress increased the number of circuit courts. Adams placed Federalist judges in these new positions. One of the justices of the peace, William Marbury, filed a writ of mandamus demanding Secretary of State James Madison deliver the appointments. The Supreme Court led by John Marshall denied the request citing part of the Judiciary Act of 1789 as unconstitutional. This historic court case established the concept of Judicial Review or the ability of the Judiciary Branch to declare a law unconstitutional. This case brought the Judicial Branch of the government…show more content…
As part of the Revolution of 1800, President Thomas Jefferson and his Democratic Republican followers launched a series of attacks against the Federalist controlled courts. The new Democratic Republican controlled Congress easily eliminated most of the midnight judges by repealing the Judiciary Act in 1802. They impeached Supreme Court justice Samuel Chase, but acquitted him amidst inner party squabbles. The Chase acquittal coupled with Marshall's impeccably argued decision put an end to the Jeffersonian attack (Marbury verses Madison, 1803). Some of the issues that came up and the ruling were as followed: 1. Does Marbury have a right to the commission? Yes. Marbury has a right to the commission. The order granting the commission takes effect when the Executive’s constitutional power of appointment has been exercised, and the power has been exercised when the last act required from the person possessing the power has been performed. The grant of the commission to Marbury became effective when signed by President Adams. 2. Does the law grant Marbury a remedy? Yes. The law grants Marbury a remedy. The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection. Where a specific duty
Open Document