How Did John Adams Establish The Power Of The Judicial Branch

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. Adams then tasked his Secretary of State John Marshall to deliver the appointments, all were delivered with the exception of a few. Marshall assumed that the new …show more content…
It established the power of judicial review in Marbury v. Madison (1803)” (Lenz & Holman, 98).
The significance of this case has since established a model of the Judicial Branch when reviewing or declaring unconstitutional actions by the Legislative and Executive Branches. This set the precedence that the Judicial Branch’s power equals its parallel branches, “an equal in power to the Congress and the president. Throughout its long history, when the Court needed to affirm its legitimacy, it has cited Marshall's opinion in Marbury v. Madison” (McBride).
This case answered the question that the Courts do have the authority to interpret the Constitution and declare acts by Congress and the President unconstitutional. When laws are in contrary to the Constitution, it is the duty of the Courts to review and resolve the issues and apply a decision correct to the law. Lastly, the case set a precedence and brought forward with emphasis that the Constitution is the law of the land and the Supreme Court decision is the final arbiter of the

Related Documents

  • 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
  • Decent Essays

    making a national bank and by moving debt from the states to the national bank. In 1793 a war between France and Britain started. George Washington realized that any involvement would only loosed the US money. When a rebellion in western pennsylvania broke out, George Washington showed the power of the national government by crushing the rebellion. John Adams was a highly educated lawyer that was elected president in 1796.…

    • 203 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Adams Vs Jefferson is the gripping account of a turning point in American history, a dramatic struggle between two parties with profoundly different visions of how the nation should be governed. The federalists, led by Adams, were conservatives who favored strong government. The Republicans led by Jefferson, were more egalitarian and believed that the federalists had betrayed the Revolution of 1776 and were backsliding toward monarchy. Jefferson and Adams continued to serve the country they helped create for many years. Adam was later the first United States minister to the Court of St James in England and Jefferson served as governor of Virginia and then a US minister to France.…

    • 419 Words
    • 2 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
  • Improved Essays

    Power in the Court John Marshall was one of the most prominent members of the U.S. Supreme Court. Marshall is known for producing one of the most influential decisions in Supreme Court history after his ruling in the well-known case of Marbury v. Madison. During the time he served as Chief Justice, Marshall managed to bring more power to the judicial branch. He did so by working his way up to the highest position in the court, strengthening the unity of the justices, and establishing judicial review.…

    • 415 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Marbury Vs Madison Essay

    • 503 Words
    • 3 Pages

    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,…

    • 503 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    Marbury vs Madison This case is the most important case in all of American history. This is the first time the court will ever use the “judicial review” this rule was passed in 1804 by chief justice John Marshal. This decision would make the Supreme court a different branch of government. When Thomas Jefferson took office he asked his Secretary Of State James Madison not to deliver some seals of approval his Supreme court Justice was petitioning for a writ of mandamus. To do the case Marshall only asked three questions because Marbury had the legal write for doing this the case was ruled in Marbury's…

    • 107 Words
    • 1 Pages
    Decent 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

    Brandon Henderson Professor Dr. Edoh Agbehonou Pols 1101 17 April 2015 The decision between Marbury v. Madison was made under judicial review and is considerably the most important decision in the history of the United States, judicial review is when the doctrine of legislative and executive actions are under review. This case gave the supreme says “The government of the united states is of the latter description. The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written” (5 U.S 137). Court the power to limit congressional power.…

    • 909 Words
    • 4 Pages
    Superior Essays
  • Decent Essays

    Umme Habiba Supreme Court The decision of the case Marbury vs. Madison, led to the establishment of the Courts’ rights to authenticate the constitutional facet of the other two branches of the government. President John Adams issued William Marbury as the commission of justice, whereas James Madison denying the decree, obstructed this verdict. Within this case, John Marshall instituted the principle of judicial review, where this prevented any branch of the government from getting exceedingly powerful. This case marks the primary pronouncement to declare a law passed by the Congress and President to be unconstitutional. This case ruling does indeed illustrate the effect of the checks and balances order on the 3 branches of the government.…

    • 245 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    Federal courts have recently made headlines when they blocked several of Donald Trump’s executive orders sparking rigorous debate as to what the role of the Judicial Branch is. Much of this debate is centered around whether the judges blocking the orders is judicial activism. The argument for or against judicial activism is always heated around important supreme court cases, but in the end no consensus is reached. In order to take an alternate approach to the argument against judicial activism, I will examine the Citizens United v. Federal Election Commission Supreme Court case which is the center of much of the judicial activism debate, and show the adverse effects that judicial activism can potentially cause. By establishing that…

    • 1614 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    In most Supreme Court cases, the majority opinion usually sets the precedence for future cases and the concurrence has little to do with precedence. However, in Youngstown Sheet & Tube Co. v. Sawyer Justice Jackson’s concurrence creates a three-tiered system for contested Presidential acts. Each tier gives the Court a reasonable idea how to determine whether or not the President’s act was constitutional or not. The first tier is the President’s highest amount of power. It combines his actions and the actions Congress has delegated to him.…

    • 803 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    J. Cecelia Shaulis April 13, 2015 Pols-Y 211 Dalecki Exam 3- Miranda v. Arizona One of the biggest players in law interpretation and policy-making is the judiciary system. While the other two branches of government have some control over the judiciary system through checks and balances, the federal courts have a great deal of power in the form of judicial review. Judicial review is the authority of the Supreme Court to interpret the Constitution.…

    • 1238 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The Judiciary Act of 1801 was, “An Act to provide for the more convenient organization of the Courts of the United States.” The Judiciary Act of 1801 reduced the size of the Supreme Court from six justices to five and eliminated the justices’ circuit duties. This act replaced the justices on the circuit, by creating 16 judge ships for six judicial circuits. The U.S. Circuit Courts over which the new judges were to preside, gained jurisdiction over all cases arising under the Constitution and the acts of the United States. John Adams, leader of the Federalists, signed the Judiciary Act into law on February 13th, 1801.…

    • 610 Words
    • 3 Pages
    Improved Essays