Essay on The Court Case of Marbury v. Madison and Judicial Review

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 However, through complex political maneuvering the Judiciary Act of 1802, was enacted which repealed the Judiciary Act of 1801 reestablishing the Judiciary Act of 1789 and postponing the case until 1803.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

In 1788, the ratification of the United States Constitution sought to establish the fundamental aspects of the nation’s government, laws, and protections of its citizens’ unalienable rights. Robert G. McCloskey’s The American Supreme Court (2016) explains that, during this period, the prospects of the Supreme Court were essentially unknown. As time progressed, however, the Court began strengthening its legitimacy with its decisions in major landmark court cases which, in turn, established its crucial role in shaping the judicial interests and values of the nation. As such, McCloskey (2016) traces the country’s judicial history by highlighting the Court’s great transitional periods regarding state rights, nation rights, property rights, and slavery. By the start of the 20th century, however, discrepancies began to emerge with the rise of

The late 1700s and early 1800s was a critical time period in American history in which our newly independent nation was beginning to lay down the groundwork for how the country would run. During this time, America was in its infancy and its crucial first steps would dictate how the nation would either walk, run, or retreat. John Marshall, the fourth Chief Justice of the Unites States, was a highly important and influential political figure whose decisions forever molded the future of the American judicial system. Like many other great political figures, much of John Marshall’s influence can be attributed to timing; he emerged just as the United States Constitution came into existence.

In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his

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.

To conclude, the Marbury v. Madison case has greatly impacted the way the Supreme Court makes decisions. Marbury v. Madison had incorporated the process of Judicial review, which allows courts to review the laws to see if they are being violated. Judicial review was utilized in countless cases, such as, Cohens v. Virginia, Ladue v. Gilleo, and McCulloch v. Maryland. To this day, the Supreme Court has utilized the Marbury v. Madison decision as a model for future

In Marbury v. Madison, he led the Court in striking down an act of Congress that was in conflict with the Constitution, legitimizing the doctrine of judicial review. Over the course of his thirty-four year term, Marshall oversaw numerous landmark cases, his decisions in which played an undeniably critical role in the early development of American law. Thanks to his firm hand and consistent principles, he was able to secure the institutional power of the Supreme Court in the face of staunch Jeffersonian opposition—affirming its place as an equal among the Executive and Legislative branches of government.

In the Marbury Vs. Madison’s case Justice John Marshall represented the case and I strongly believe that his points were solid and worth to be granted true and rational. John Marshall’s argument is that the acts of Congress in conflict with the Constitution are not laws and therefore are not progressed into law to the courts, and ultimately the judicial boards’ first responsibility is always to practice and to make firm of the Constitution.

The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican

The Marshall Court has left numerous legacies in place in order to help establish this great nation. Chief Justice Marshall was a man that had many impacts on our Government from strengthening the authority of the Supreme Court in Marbury v. Madison, which gave the courts judicial review, to Gibbons v. Ogden, which gave the national government undeniable power over interstate commerce by ruling a New York steamboat monopoly invalid. There were many other cases as well that were important to the government’s growth; such as Fletcher v. Peck that made it where a state law can never overthrow anything that came against the Federal Constitution. Chief Justice Marshall presided over many cases and ruled over such cases in a way that he felt would benefit the ever growing American nation. Through it all he helped establish three legacies; helping to make the federal government supreme over all things that would control the economy, he also helped to open the pathway where there’s an increased federal part to be played in economic growth, and finally in an effort to further any and all new industrial capitalist economy, he helped to make permanent protection for corporations and private businesses so that the states couldn’t interfere. These legacies helped to establish a better American nation in more ways that we can know. A key part of all of this

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

John Adams, on the last day of his term, appointed forty-two justices of the peace and sixteen new circuit court justices under the Organic Act, which was an attempt by the Federalists to take over the judicial branch before Thomas Jefferson took the office. The commissions were not delivered before the end of Adam’s term, so Thomas Jefferson claimed they were invalid and did not honor them. William Marbury was one of the appointed justices of the peace and appealed directly to the Supreme Court when he was denied his position. Due to the Judiciary Act of 1789, Marbury wanted the Supreme Court to make James Madison (Secretary of State) deliver the commissions.

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 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.

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