Marbury Vs Madison Essay

Decent Essays
Marbury vs. Madison was an event held by the Supreme Court in 1803. The event established the principle that the judicial branch of the Constitution may declare any law unconstitutional. Soon after the Constitution was ratified the judges of the Supreme Court were not very powerful and had little impact in interpreting the meaning of the law.
In November of 1800, John Adams, a member of the Federalist Party, lost a bidding for the reelection of Thomas Jefferson, a Republican, as the president of the United States. The Federalists also lost their control over Congress during the election. Although a few months before the newly elected president took office, John Adams and his Federalist party still had control over Congress. During those months,
…show more content…
Jefferson also learned that not all of the commissions for the judges had been delivered. After hearing this information, the new president ordered his Secretary of State, James Madison to deny the delivery of the commissions. Realizing that he would not be receiving his position as justice of the peace, William Marbury went to the Supreme Court and tried to obtain his commission. He told the Court to order Madison to give him his job. The Supreme Court had the power to issue such an order because of the Judiciary Act of 1789, which created the judicial branch of the federal government. The act provided the number of members of the Supreme Court, the number of lower districts, it introduced the idea that the Supreme Court can settle disputes between states, and the idea that a decision made by the Court is absolutely final.
A unanimous decision was made, and written by Justice Marshall, the Court declared that Marbury and the other judges did have a right to their commission. The Court also declared that the Judiciary Act of 1789 was unconstitutional, therefore, Congress could not grant the Supreme Court the power to give Marbury his commission. Thus, the Supreme Court was not able to make Madison appoint Marbury as a justice of the

Related Documents

  • Improved Essays

    Gibbons Vs Ogden Essay

    • 531 Words
    • 3 Pages

    In 1803 William Marbury sued John Madison for being denied the role of Justice of Peace and claimed that the executive branch was forcing actions on the other branches. Before Thomas Jefferson was elected into his role of Presidency, William Marbury had been appointed to be a Justice of Peace by John Adams, but the appointment process had not fully been completed. By that time Jefferson had been in his role of Presidency and Adam's role was terminated. Thomas Jefferson had then denied Marbury access to his role appointed by the previous President, even though William had been expecting a role. William Marbury brought the case to the Supreme Court, stating that not one branch of the government was allowed to force an action upon another branch.…

    • 531 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Under George Washington and John Adams federal spending and revenue rose substantially, however under Jefferson it flattened, this was because Jefferson ensured that increases in federal revenues went towards paying the debt rather than expanding the government. 3. John Marshalls final decision in the case of Marbury V. Madison greatly strengthened the judicial branch, because the final ruling in the case established the…

    • 718 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The United States’ population had multiplied for many years; and as more people migrated to the U.S., the power that was derived from the citizens influenced the inflation of the government. Marbury v. Madison first paved the way to allow the judicial branch to have a true influence on this government. The events that lead to the hearing and how the case preceded directly affected how the verdict would influence the judicial branch’s powers. Once Thomas Jefferson,…

    • 964 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    During the election of 1800, President John Adams realized he was losing to the Democratic-Republican candidate Thomas Jefferson. Fearing that the Federalists were going to become the minority party, Adams decides to appoint a substantial number of Federalists to the Justices of Peace in the closing months of his presidency. However, before all of the commissions could be sent out, Thomas Jefferson assumed the presidency on March 5th, 1801. Jefferson immediately notices all of the unsent commissions, and orders the new Secretary of State, James Madison, not to deliver them. William Marbury, one of Adam's Federalist appointees, noticed that he never received his commission.…

    • 229 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    In the Presidential election of 1800 President John Adams lost his reelection bid to Vice President. Adams being a staunch Federalist opposed the political beliefs Jefferson, who was a Republican. With Jefferson becoming President, Adams feared that his Federalist party would lose ground in the in the government, and the Republican would give power to the states. To prevent this Adams and his Federalist Congress decided to increase the number of Judicial positions inside the inside the Judicial Branch. President Adams spent his last hours in officer appointing Federalist judge in all positions.…

    • 547 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Justice Marshall wrote the unanimous decision that stated Marbury had the right to sue. The Judiciary act of 1789 was considered unconstitutional4. The Supreme Court cannot mandate something happen. The Writ of Mandamus expanded the power that the court has under the constitution. The judiciary act of 1789 directly conflicted with the U.S Constitution.…

    • 571 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Mcculloch V. Maryland

    • 500 Words
    • 2 Pages

    Madison, the Marshall Court settled that the idea judicial review is the only the judicial branch that can review whether laws and actions were approved. The Marshall Court declared the power of the Supreme Court that has the capacity to understand the Constitution and could use it to determine the legality of the other two branches actions. The Marshall Court modified how the Supreme Court was seen. In doing so the Marshall Court had an intense result on the American government.…

    • 500 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    John Marshall served as chief judge from 1801 to 1835, and he was the greatest dominance to the Supreme Court that there was no judge can compare. At the outset of his tenure Judge, Supreme Court asserted its power by declaring an Act of Parliament was unconstitutional, that case was Marbury v. Madison in 1803. Marshall's decision in the dilemma seems no escape showed natural talent of his absolute. Marshall declared Section 13 of Act 1789 of Justice is unconstitutional because it empowered instance trial for the Supreme Court beyond the provisions in Article III of the Constitution. Thus, the power of the Supreme Court was reconsidered and decided the congressional legislation was unconstitutional had been set.…

    • 302 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    At the Constitutional Convention of 1787, the delegates shared a commitment to an independent judiciary. People thought it would be good to have a co equal branch to serve alongside the legislative and executive branches.but delegates did not show up to philadelphia with a fully developed plan for the judicial branch. It has the ability to create courts, interpret the law,determining whether a specific law conforms to the Constitution,and applying the law to specific cases, typically ones that are disputed. john marshall became the fourth chief justice of the united states in 1801. A major influence in his life during the revolutionary war was george washington which was a close friend of marshalls.…

    • 618 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    His ruling established the right of judicial review and drastically redefined the notion of separation of powers along with opening the door for the expansion of judicial authority. The establishment of judicial review granted the judges power above that of the legislature. In this case, Marshall used judicial review to rule that Article 13 must be void because it directly contradicted the…

    • 415 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Ch. 8: Varieties of American Nationalism Read pages 218-224 (The “Era of Good Feelings”) What were the issues that impacted the U.S. economy following the war of 1812? Some direct things that happened because of war of 1812 included: Westward Surge of migrants being pushed out because they had nowhere to live and farm. Another is an increase in the textile Industry because of more cotton growing in the south.…

    • 512 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    On March 4, having assumed the presidency, Jefferson ordered Secretary of State James Madison not to deliver the commissions. Outraged, Marbury sued, demanding that the Supreme Court force Madison to comply. In Marbury v. Madison, the Court was asked to answer three questions. Did Marbury have a right to his commission?…

    • 429 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Thomas Jefferson Dbq

    • 392 Words
    • 2 Pages

    In return, Marbury filed a suit to receive his letter. In the Judiciary Act of 1789, the court was given the power to…

    • 392 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The U.S. Supreme Court established its power of judicial review over the other branches of the federal government in one of the most famous cases in our history. This case, Marbury v. Madison, was decided in 1803. The Constitution clearly limits the cases that can go directly to the U.S. Supreme Court without being first heard in a lower court. Marbury's case did not fit within these limits. Congress had changed the Constitution when it passed that part of the Judiciary Act.…

    • 189 Words
    • 1 Pages
    Improved Essays
  • Superior Essays

    Marbury then applied to the court for a writ of mandamus. The court then ordered Madison to show why the writ should not be issued. The case proceeded after showing no cause. As the court view the case, they had to consider the following questions and then the decision would be made. The first question was “Has the applicant a right to the commission he demands?”…

    • 909 Words
    • 4 Pages
    Superior Essays