Marbury V. Madison: The Supreme Court Case In 1803

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In 1801, William Marbury had been appointed by President Adams as a justice of the peace in Washington D.C. at the end of President Adams term, and the Secretary of State, Thomas Jefferson refused to honor the Presidential appointment, Marbury petitioned the Supreme Court with a “writ of mandamus” in which he asked the Supreme Court to honor his commission and three others that Thomas Jefferson had refused to accept their appointments. Subsequently, John Marshall who was the Chief Justice at the time, refused the writ even though he acknowldeged that the men deserved their commissions. He took the position that the Supreme Courts hands were tied as it had no constitutional authority to inforce the writ of mandamus, and that the, “Judiciary Act of 1785 provided that such writs might, but the section of the act was inconsistent with the Constitution and therefore …show more content…
Marbury v Madison was a Supreme Court case in 1803 was pivotal in that it solidified that the Constitution is indeed, “the fundamental and paramount law of the nation” (POLS210). The Marbury v Madison case solidified the Supreme Courts power of judicial review.
The Marbury v. Madison case, “was the first U.S. Supreme Court cast to apply the principal of “judicial review”…the power of the federal courts to void acts of Congress in conflict with the Constitution” (McBride, 2006). It is not clear if Marshall knew that his decision would indeed result in the Supreme Court being the sole interpreter of the Constitutionality of a law, but perhaps Marshal saw an opportunity to establish the Judicial Branch’s authority, and possessing equal power on par with the Executive and Legislative

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