Madison Vs Marbury Research Paper Between Essay

Madison Vs. Marbury Essay, Research Paper

Between 1800 and 1835, the Supreme Court dealt with many instances of great importance to the United States of America. John Marshall served as the Chief Justice of the Supreme Court during this clip. The instance of Marbury v. Madison, in 1803, was one of the most important tribunal instances and determinations made in this clip period. During the early 1800 & # 8217 ; s, the Supreme Court had none of the power and authorization that it holds today. Very few instances of importance had of all time been brought into the Court, and the Court had small case in point on which to establish its determinations. The determination that John Marshall and the Supreme Court made refering Marbury v. Madison increased the power of the national authorities and determined the Constitution to be the superior jurisprudence of the land.

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Shortly before go forthing office in 1800, President John Adams appointed 42 justnesss of the peace for the District of Columbia. All of the committees for the justnesss of peace had been signed and sent out before the freshly elected President, Thomas Jefferson, took office, but non all of them had been delivered. One of the work forces who had been appointed by Adams and had non received his committee was a adult male named William Marbury. Marbury sued under a writ of mandamus in order to roll up his committee. When the new Secretary of State, James Madison, refused to give Marbury his committee, Marbury brought a suit in the Supreme Court against Madison, saying that keep backing the signed and sealed committee was illegal. ( Lawson 16 )

In the instance of Marbury v. Madison, the first thing the Court did was to declare the Judiciary Act of 1789 unconstitutional. Chief Justice Marshall dismissed the instance because Marbury had sued under a writ of mandamus, and the Constitution did non include such writs in its list of powers of the Supreme Court. Marshall claimed that, even though the Judiciary Act of 1789 authorized the Supreme Court to publish a writ of mandamus, Congress could non enlarge the powers of the Supreme Court. Consequently, Section 13 of the Judiciary Act of 1789 was unconstitutional. ( Crum 81 ) Marshall ruled that the Supreme Court did non hold the authorization to hear instances such as this because its chief intent was to hear instances brought before it on entreaty from lower tribunals.

Chief Justice Marshall & # 8217 ; s determination in this instance stated that Marbury had the right to his justness of the peace comm

ission and that keep backing it would be moving in misdemeanor of the jurisprudence of the land. Yet, since Marshall had earlier declared the Judiciary Act unconstitutional and, hence, the Supreme Court had no power to publish a writ of mandamus, the Court could non coerce Madison to publish Marbury his committee. Marbury lost his instance, and the Supreme Court had the triumph. ( Weiss 21 )

Marbury v. Madison was important because it was the first clip that the Supreme Court had declared an act of Congress unconstitutional. The Court declared its right to find when a jurisprudence was constitutional and when it was non, and besides assumed its right of judicial reappraisal. This instance allowed the Court to play an active function in supporting the constitutional rights of single citizens. Marbury v. Madison established the Constitution as the supreme jurisprudence of the land.

The result of Marbury v. Madison had an ageless consequence on the Supreme Court. The Supreme Court instantly increased its stature, and emerged as the 3rd powerful division of American authorities, along with the executive and legislative subdivisions. The right to judicial reappraisal is one that non even the President and Congress can overrule. Judicial reappraisal is now the Supreme Court & # 8217 ; s most critical cheque on the other subdivisions of the authorities. Chief Justice Marshall made it clear when he presided over the Marbury v. Madison instance that federal power needed to predominate over province power if the two were of all time in struggle. ( Lawson 19 ) The instance of Dred Scott v. Sanford, in 1857, was the following instance in which an act of Congress was ruled as unconstitutional. This instance determined that the Missouri Compromise was unconstitutional and declared it void and nothingness.

After the Marbury instance, the Supreme Court did non play a minor function in the state & # 8217 ; s authorities as it had before. The Supreme Court was on its was to going the most powerful tribunal in the universe. With the challenges brought to the Court in instances such as the Marbury one, the Court was able to maintain the Constitution up to day of the month. The Marbury v. Madison instance is still referred to in Supreme Court instances today because of the major impacts that it had in set uping the world of the Constitution as the supreme jurisprudence of the land. The challenges and determinations brought Forth during the Marbury instance will everlastingly be remembered as the turning point of the authorization and influence of the Supreme Court on American authorities.