The case of Marbury v Madison all began when President Adams in his last days as president. President Adams was in a frantic rush to send out appointments for justices of peace. He wanted to have as many federalist ally’s as possible so his opponent Jefferson would not be able to change the old ways. (Hess 62) In doing so he was down to the wire on his last day as president, his appointments were approved by the senate and just had to be delivered. William Marbury’s commission wasn’t delivered, the new president Thomas Jefferson ordered the last commissions not to be delivered. (Hess 62) With William Marbury, being one of the unsent commissions for justice of the peace, Marbury petitioned the Supreme Court for a “Writ of Mandamus” under the
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This act granted the Supreme Court the power to force Madison to give Marbury his intended position. There were a handful of legal issues in this case. The first issue was does William Marbury have a right to the commission? Yes, the commission was approved by the Senate, signed by the president, and contained the official seal of the government of the United States. William Marbury has a right to the commission. The second issue is 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 by law, the United States has to grant Marbury a remedy. Thirdly, does the Supreme Court have the authority to review acts of congress and determine if they are unconstitutional and therefore void? Yes it is the duty of the Supreme Court to determine whether a law or …show more content…
In establishing judicial review, a system of checks and balancing was established. Each layer of government has equal power. The executive, judicial, and legislative branches are all equal. (PBS) In this review they were able to question the constitutionality of decisions made by the executive and legislative branches. Creating the powers of the Supreme Court of the United States having the final word. Marshall argued that the Constitution is the “supreme law of the land” and that the Supreme Court has the final say over the meaning of the Constitution. He wrote, “lt is emphatically the province and duty of the judicial department to say what the law is.” (infoplease) A few lasting impacts of this case would include how it established the Supreme Court of the United States power and legitimacy as a branch of government. It created the essential system of checks and balances. It established that all levels of government are directly accountable to the U.S constitution.
This act granted the Supreme Court the power to force Madison to give Marbury his intended position. There were a handful of legal issues in this case. The first issue was does William Marbury have a right to the commission? Yes, the commission was approved by the Senate, signed by the president, and contained the official seal of the government of the United States. William Marbury has a right to the commission. The second issue is 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 by law, the United States has to grant Marbury a remedy. Thirdly, does the Supreme Court have the authority to review acts of congress and determine if they are unconstitutional and therefore void? Yes it is the duty of the Supreme Court to determine whether a law or …show more content…
In establishing judicial review, a system of checks and balancing was established. Each layer of government has equal power. The executive, judicial, and legislative branches are all equal. (PBS) In this review they were able to question the constitutionality of decisions made by the executive and legislative branches. Creating the powers of the Supreme Court of the United States having the final word. Marshall argued that the Constitution is the “supreme law of the land” and that the Supreme Court has the final say over the meaning of the Constitution. He wrote, “lt is emphatically the province and duty of the judicial department to say what the law is.” (infoplease) A few lasting impacts of this case would include how it established the Supreme Court of the United States power and legitimacy as a branch of government. It created the essential system of checks and balances. It established that all levels of government are directly accountable to the U.S constitution.