Essay On Marbury Vs Madison Case

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In 1803, the Marbury v. Madison case was brought before the Supreme Court. The plaintiff was Federalist William Marbury and, through the principle of judicial review, he wanted the Court to issue a writ of mandamus so that he can receive official documents from the Secretary of State. Marbury claimed that it was unconstitutional for Madison to withhold the commission, but James Madison was under orders from the president, who could ignore court decisions. This case helped solidate the Supreme Court’s position and power as a branch of government equal to the Legislative and Executive branches.
To understand the case Marbury v. Madison, one must first understand the series of events that led up to it. In 1801, John Adams decided to write last …show more content…

In the United States, there will be a Supreme Court and subsequently smaller courts in every state. In original jurisdiction, the Court is able to issue a writ of mandamus based on the Constitution, which is what Marbury aimed to get by bringing the case directly to the Supreme Court instead of through appeals. According to the Court, Marbury had a right to his claim. Regardless of whether or not it was delivered, the commission was properly signed, stamped, and sealed. Former president Adams had fulfilled the proper steps in appointing a judge, making Marbury’s position official. Because the Secretary of State was unfairly holding the commission from him, “the law must afford him a remedy.” The problem was that issuing a writ of mandamus was unconstitutional in this case. Original jurisdiction, which was when the Supreme Court takes and rules a case that hasn’t been through appeals, “applied only to cases ‘affecting ambassadors, other public ministers and consuls’ and to cases ‘in which the state shall be party.’” Although Section 13 of the Judiciary Act gave the Court the ability to write a writ of mandamus, it was after consultation with the Constitution that they realized that the power granted was unconstitutional. In Article III of the Constitution, it said that the Supreme Court has power over cases “...with such exceptions and under such regulations as Congress shall make.” For the Judiciary Act, written by Congress in 1789, to allow the Court’s power be extended to cases like the Marbury v. Madison case would mean that the Supreme Court overstepped their boundaries. It was then that Chief of Justice Marshall suggested judicial review, which is when an act of Congress is examined and revised as needed to correlate with the Constitution. Though Marshall admitted that Marbury deserved a writ of mandamus, the Court was unable to give him one in this situation because

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