Marbury Vs Madison Research Paper

Marbury v. Madison has been hailed as one of the most significant cases that the Supreme Court has ruled upon. In this paper, I will explain the origins and background in the case, discuss the major Constitutional issues it raised, and outline the major points of the courts decision. I will also explain the significance of this key decision.

A lot of people go to jail that are wrongfully accused of a crime. It is the defense’s job to do anything in their power to make sure this doesn’t happen. Andrew Madison vs the People is a case about Andrew Madison being charged with assaulting a police officer and using disorderly conduct. He was hanging out after school with some friends when two police officers, Kevin Bates and Tommy Majors, thought they were harassing students. The police officers went to the scene and asked Andrew Madison and his friend to see their IDs. There was a misunderstanding and Andrew Madison ended up being arrested. In the case of Andrew Madison vs the People, the defense had a stronger case because there is no burden of proof, and they just have to find holes in the witness statements.

The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.

James Madison, he was a person full of knowledge and greatness. He was an important person because he was the fourth president of America. He was the also the “Father of the Constitution.” Madison also stood for the rights for Americans to have the freedom of speech. (1"James.") Madison was also the clearest thinkers of the founders. (5 “Felzenberg.")

The case Marbury vs. Madison led to the most important decision the US Supreme Court has ever made. The parties, William Marbury, appointed Justice of Peace under the Judiciary Act of 1801 by John Adams the former US president, and James Madison, Thomas Jefferson’s Secretary of State at the time, had conflicting interests concerning William Marbury’s right to office. Madison refused to grant Marbury his appointment. This led to Marbury ordering the Supreme Court to issue a writ of mandamus, obliging Marbury to grant his commission. Marbury’s main argument was that the Judiciary Act of 1789 granted the power to issue former to the Supreme Court. By refusing the appointment, Marbury claims, is Madison violating his legal rights to obtain the commission. The Court’s ruling in this case, delivered by Mr. Chief Justice John Marshall in 1803, had an important impact on the establishment of judicial review. But was the Court’s decision justified?

The founding fathers are intellectuals and due to their knowledge they were able to produce the Constitution. After taking the quiz, I found myself as James Madison, said to be quite short in a statue on the other hand incredibly smart and not flamboyant compared to his peers. He led the country into the war of 1812 against the British. He remembered as the "Father of the Constitution," the Fourth President of the United States and co-author of the Federalist. I learned that Madison kept most of his public papers because he senses the document will be of importance in the future example American Scholarship.

In the year 1803 the case of Marbury v. Madison was brought before the Supreme Court in order to address the issue of William Marbury’s appointment as federal circuit judge. This created a unique and complex challenge for the Supreme Court of the time because they were operating under no legal precedent, which meant that they had no prior cases to reference to reach a ruling. The issue came to a head after the Judiciary Act of 1801 allowed for President John Adams to appoint sixteen new circuit judges one of them being William Marbury. However, before Secretary of State Marshall ran out of time before he was able to deliver Marbury’s appointment. When the new Secretary of State James Madison entered office, he refused to deliver Marbury’s appointment, claiming that it was too late. Outraged, Marbury filed a writ of mandamus against Madison in order to force him to complete the specified action, which in this case was to deliver the commission. However, through complex political maneuvering the Judiciary Act of 1802, was enacted which repealed the Judiciary Act of 1801 reestablishing the Judiciary Act of 1789 and postponing the case until 1803. One of the key issues in the case was then if William Marbury was entitled to a remedy for the deprivation of his right to his commission. Chief Justice John Marshall with a narrow and technical ruling then determined that since President Adams with his signature had completed Marbury’s commission of appointment he was entitled to the

The court decision was that marbury sued james madison asking the supreme court to issue a writ requiring him to deliver the document that were necessary. To make marbury justice of the peace. It was decide on the establishment of the judicial review. I think the other reason behind marbury winning is that marbury planned this and he knew what was gonna happen.

James Madison once said, “If men were angels, no government would be necessary.” I think James Madison was saying that if men were more kind then we wouldn’t need a government. Did this quote change the government's mind on how they were running the country? And what made this quote so famous? I think the U.S. would be crazy and unorganization without my president because he did so many things before and after being president. Like he was a lawyer and that helped with justine , a author so that means he spoke his mind and, politician. I believe my president is a great president. James Madison the fourth president of the United States , nickname “Father

The Court’s final decision was unanimous and it denied Marbury’s request for the writ of mandamus. Marbury never received his appointment. This case is significant because it established the concept of judicial review. The Constitution does not specifically grant the judiciary this power. Judicial review allows federal courts to review laws and determine if they are constitutional or not. This gives the judiciary the power to void any laws that are found to violate any part of the Constitution. Therefore, Chief Justice John Marshall ruled that the portion of the Judiciary Act of 1789 that gave the federal courts the authority to hear mandamus cases was unconstitutional. Ironically, Chief Justice Marshall is the person who was the Secretary of State under Adams that sealed Marbury’s appointment.

There are other court cases that are not as significant as Marbury vs. Madison but still have had an effect on the process. All of these cases use Supreme Court’s power of judicial review. For example, one significant court case was the Warren Court. The case was done by Justice Earl Warren, and it declared that any laws that kept any segregation in schools were completely unconstitutional in 1954 (Edwards III, Wattenburg, and Lineburry 529). The case drastically changed America’s school system as it allowed people of all colors and cultures to go to school together. Overall, the Warren Court completely changed America’s school system, and without the power of judicial review, segregated schools could still exist. Also, the Warren Court started the change in the government’s perspective on how schools should be set up since the Supreme Court decided that it would finally stop segregation in schools around

It is believed that the beginning of a task is often the most important as well as the most difficult, because it consists of discovering the basis to success with a greater chance of failure. The establishment of America after gaining independence from Great Britain relied heavily on the foundations set during the antebellum period, which is often classified as the period of time before the civil war. During such vital time in American history came a number of fundamental Supreme Court cases. The outcome of various cases significantly shaped the future of America into the country we know today. Perhaps some of the most important cases include Marbury v. Madison, Gibbons v. Ogden, and Dred Scott v. Sandford. McCulloch v. Maryland is possibly the most prominent Supreme Court case throughout the antebellum period that occurred in 1819, even though different interpretations of the Necessary and Proper Clause have led to many controversies regarding its meaning and the potential supreme authority of congress, this landmark case established that the federal government has certain implied powers under the constitution.

The judicial branch, in its conception as outlined in Article III of the constitution was designated the “power to interpret the law, determine the constitutionality of the law, and apply it to individual cases (The White House)”. However, since the ratification of the constitution, much like the other two branches of government, the judicial branch has also experienced an expanded delegation of authority and power. This notion is evidenced in the 1803 decision on the case of Marbury v. Madison where the Supreme Court asserted its power of judicial review by ”blocking last-minute appointments by outgoing President John Adams (Chegg)” by declaring that these actions should not be permitted because the supreme court, under chief justice john Marshall declared them unconstitutional(Cornell). This set forth a very powerful precedent for judicial review, one that continues to play a critical role in political discourse today. Although the evolution of the judiciary commenced following the fallout of the 1803 decision, the courts have delegated to themselves a controversial role as policy-makers in response to societal demands and stresses placed upon the political system specifically during and after the civil rights movement that occurred in the United States during the 20th century. This expanded role into the realm of actual policy making is derived from the belief that the constitution is indeed a living and flexible document that must retain the capability for change. As the

A landmark case in United States Law and the basis for the exercise of judicial review in the United States,

Throughout the history of the Supreme Court, there have been numerous notable court cases. However, none of these would have been possible without Maybury v. Madison. It occurred in 1803, when John Adams decided to appoint several justices at the last minute. Not all of these letters were delivered, and one of the judges, Maybury decided to sue Madison. Madison won, and this court case creates Judicial Review.