Marbury Vs Madison Case Brief

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Marbury vs. Madison

Marbury vs. Madison is one of the most important cases in the Supreme Court because it had been declared the power of judicial review. In 1803, William Marbury had decided there would be a justice of the peace for the District of Colombia in the last hours of the Adams organization. Marbury, with three other individuals, requesting a writ of mandamus. Thomas Jefferson's Secretary of State, James Madison, had declined Marbury's commission. A writ of mandamus is a specific court order because it is made without the benefit of the judicial process or before a case has contemplated. It may be expressed by a court at any time that it is appropriate. Usually, it is issued in a case that has already started. (Eric Foner and John A. Garraty) The Supreme had announced for the very first time that a law had been passed by Congress and had been signed by the President unconstitutionally; after John Marshall, Chief Justice, wrote: “A Law repugnant to the Constitution is void.” However, Marshall believed that the Supreme Court should have an equal role to the other two branches of the government. (Milestone Documents in the National Archives) John Jay, Alexander Hamilton, and Jams Madison gave the executive and legislative branches powers that would limit each other as well as the judiciary branch. The
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He did not give Madison the chance to ignore the Court's orders; causing it to look powerless. By acknowledging the Court’s power through the judicial review's principle, he made it known that the justices did not make their agreement out of fear. Instead, he had announced that the supreme law of the land is the Constitution, and established the Supreme Court as the final power for illustrating it. (Alex

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