The Alien and Sedition Acts were a series of laws that were supposed to protect the United States from "dangerous" aliens but were used by the Federalists to weaken Democratic-Republican Party. However, this detracts from the American values. It goes against the right of freedom of speech, and equal rights for all while blocking the path for this country to become the melting pot that it was went to be in the beginning. William Penn, in particular, welcomed all settlers because he believed in…
papers believed that only with a strong central government where the people will be protected. For example, “You must first enable the government to control the governed; and in the next place, oblige it to control itself.” This was said by James Madison, The Federalist Papers. On the other hand, the Anti-Federalists completely oppose the idea of a strong government, they believe it will give too much power to the national government, and cost state government to…
Marbury. Marbury was furious at the fact that he did not receive his commission and decided to sue the secretary of state, James Madison. Marbury requested that the court issue a writ of mandamus, which would force Madison deliver his…
John Marshall is most famous for being the fourth Chief Justice of the Supreme Court presiding for 34 years. Some would say he was the greatest chief justice of all time. Being a chief justice was not his only role. He was a lawyer, Federalist, Virginia native, husband, father and to some a national hero. Marshall’s legacy lives on and we are reminded time and time again why he was such a fundamental Supreme Court Chief Justice. John Marshall was born on September 24, 1775 in Fauquier County,…
Marshall’s ruling on the Marbury v. Madison case was a stroke of political genius. Early in office, Marshall was confronted with an almost impossible political decision. Newly appointed to the Supreme Court, Marshall was asked by Marbury to challenge the Executive branch. Democratic Republican president Jefferson didn’t want Marbury to be appointed Justice of the Peace but Marbury asked the Marshall court to give Vice President Madison a writ of mandamus forcing him to deliver the document…
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…
the constitution. The Supremacy Clause states that national law is law of the land and courts are to uphold it. With Judicial Review, courts can successfully uphold the national law. Judicial Review originated with the monumental case Marbury v. Madison in 1803. During this case Jefferson defeated incumbent Adams in the presidential election in February 17, 1801. Jefferson, however, did not take office until March 4 leaving Adams with nearly one more month in office. During Jefferson’s lame-duck…
In an elegant act of “judicial jujitsu,” the Supreme Court issued its decision in Marbury v. Madison on February 24, 1803, establishing the high court’s power of judicial review. The dramatic tale begins with the presidential election of 1800, in which President John Adams, a Federalist, lost reelection to Thomas Jefferson, a Democratic-Republican. Congress also changed hands, with the Democratic-Republicans achieving majorities in both chambers. Adams could see the writing on the wall: his…
(I.) Significant Historical Supreme Court Cases A. Marbury v. Madison (1803) a) Issue: Marshall didn’t deliver all commissions before Jefferson took office & as a result Madison didn’t as well. Next, the plaintiffs, men whose commissions weren’t delivered sued Madison & argued that refusing to deliver commissions is neglecting his Constitutional duty. b) Decision: The Judiciary Act of 1979 was unconstitutional because it didn’t meet the requirements outlined in the Constitution related to…
Jefferson’s Secretary of State, James Madison, to compel him to issue the commissions. Chief justice John Marshall concluded that William Marbury did have a right to the commission. The commission takes effect…