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Marbury vs. Madison
Transcript of Marbury vs. Madison
“As a man is said to have a right to his property, he may be equally said to have a property in his rights” (Madison). Marbury vs. Madison in particular involves advancing the rights of the Judicial Branch to create equal power within the three branches of government. Giving the Supreme Court these powers led to other cases to come involving unconstitutional acts of the Legislative and Executive Branches. Without the ruling of Marbury vs. Madison the branches of government may be uneven with the Judicial Branch at the lower end. Marbury vs. Madison is the biggest Supreme Court cases in history and the most significant part in the devolvement and evolution of the Judicial Branch.
Prior to the William Marbury vs. James Madison case there where high tensions between the two political parties during that time period. These members where known as Federalists and Republicans or Jefferson’s. The main faces in these groups where John Adams, supporting the Federalist Party, and Thomas Jefferson, leading the Republicans. The 2nd presidential term was mainly ruled by Federalism, by way of John Adams as the 2nd president and the majority of Congress was a part of the Federalist Party. The 3rd election of the United States was a battle between the two parties. With a win by Jefferson the government converted to a mainly Republican dominated Executive Branch as well as the newly appointed Legislative Branch. Following the 1801 election the Federalists where declining in both numbers and in overall power.
Multiple influential people helped to create, decide, and make it the important case we see today. William Marbury was a respected tax collector, Federalist from Georgetown. He was appointed as a midnight judge close to the end of John Adam’s term as president. Marbury was expected to receive commission for his work, but it never came. After not receiving his commission William took his conundrum to the Supreme Court as it was a problem between the National and state government.John Marshall was the Supreme Court Chief Justice at the time, therefore he was the man who decided the final outcome of the case. At the time Thomas Jefferson was the president and James Madison was the serving Secretary of State. Although James Madison had his name in the case his overall affect was little to any.
Before Marbury vs. Madison the Judicial Branch was considerably weaker than the other branches which it is conjoined with. While the other two branches had checks and balances within the government, the Supreme Court was in absence with such a privilege. The two branches of government besides the Judicial Branch had jurisdiction over each other through checks, yet the Judicial Branch had little to no power over the others. For example the, Executive Branch was the branch to appoint judges and could veto laws passed by Congress. While the Legislative Branch could impeach or deny the appointment of judges and was given the ability to override a veto from the Executive Branch. This was something that prohibited the United States government form its full potential. It is obvious to see that an uneven system of branches is hurtful to America through the Articles of Confederation, as it only had an Executive Branch and it failed. It was seen that the powers of the Judicial Branch where considerably weaker then the powers and jurisdiction of its fellow branches of government.
The case was brought into place when William Marbury did not receive commission for his job as a midnight judge. The commission was for William Marbury’s time as Chief Justice under Washington County. As John Adams appointed Marbury at the end of his term the responsibility to deliver said commission was transferred to newly voted president Thomas Jefferson. Jefferson refused to do so and told his Secretary of State, James Madison, to withhold the money due to Marbury. This is why James Madison’s name was in the tittle of the case, although he did not attend, nor did he decide to not send the note to Marbury. The trial was over a Writ of Mandamus, or a document granted by the Supreme Court that would allow Marbury to receive his unsent commission. Due to the fact that this was a problem between the National and State government, it was able to be taken to the Supreme Court, the highest level within the Judicial Branch. The trial took place in 1803 at the court in Washington D.C. (Goldstone 1). John Marshall was the component concerning the outcome of the case as he was the head of the Supreme Court.
William Marbury was a well respected businessman from Maryland. He was a Federalist and during the end of John Adam's term was appointed as Justice of Peace in Washington County. After Thomas Jefferson became president. He did not receive proper commission so William Marbury filled for a Writ of Mandamus from the Supreme Court.
The Judicial Branch
John Marshall was the fourth Chief Justice of the United States of America.
As he was the deciding member of the case he was a crucial person in deciding the outcome. Marshall's speeches during the trial led the way to Judicial Review.
The History of The
And Judicial Review
Federalists vs. Republicans
Prior to the Marbury vs. Madison case the Judicial Branch had little power over the other branches. They did not have any inclusion into the checks and balances system especially in the Supreme Court. Due to this, power was very unbalanced and leaning towards a stronger Executive and Legislative Branch
After the Revolutionary war
and the George Washington
presidency there was a fight for the executive branch between
the Federalist and Republicans. The Federalists won the second election through John Adams and the Congress mostly consisted of that party. But,
with the new election came
tension over what party
In 1801 Thomas Jefferson
was voted President of the United States. As he was a Republican the Federalists lost the majority of their power within the Executive Branch. Jefferson set up the government to be a Republican heavy one. Soon after Jefferson denied commission to William Marbury sparking the Marbury vs. Madison dispute.
James Madison is best known for his role in writing the Constitution, but at the time of the case he was Secretary of State to Thomas Jefferson. His name is in the title of the case, although he was not present nor did he decide to withhold William Marbury's commission. James Madison was ordered to do so by Thomas Jefferson, his name is only there because it was his job to deliver said documents.
The purpose of the case was to acquire a Writ of Mandamus, which would offer William Marbury remedy for his unreceived commission.
Although most of the case was nothing special, there where parts that are memorable. One such example includes John Marshall "teaching" Thomas Jefferson a lesson. And the part of the case that made Marbury vs. Madison so important was John Marshall establishing a shell for Judicial Review.
The outcome of the case was a vote that the Supreme Court did not have the jurisdiction to issue the writ, but most importantly founded Judicial Review.
As citizens of America we hold the responsibility to adjust the government were ever we see fit. William Marbury did this when he took his case to the Supreme Court to call out the injustice that effected him. Despite the fact that the Court was unable to act, the case brought new power to the Supreme court through Judicial Review.
Though Marbury vs Madison the Judicial Branch was no longer the weakest branch within our government. After the case the Supreme Court gained the right to determine if an act was unconstitutional, adding a new dimension into the Judicial Branch. This was not taken into factor for must of the 19th century, mostly being used post 1800's.
After the Marbury vs. Madison case the Judicial branch was forever changed. With the new found Judicial Review the Supreme Court had the ability to check on the two of the other branches, securing there place as an important part of the Government.
The Marbury vs Madison case brought with it a new type of case deciding if an act of the Legislative or Executive Branches is unconstitutional or if it does not follow the Constitution. Bringing with it over a hundred cases that covered over a variety of topics.
"The particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument."
"If men were angels, no government would be necessary. " James Madison
Marbury vs. Madison is the most important case due to its major effects on the Judicial Branch and overall government.
Prior to Marbury vs. Madison the Judicial was the weakest of all the branches
Through this case the Supreme Court gained the rights it still has to this day
Marbury vs. Madison led the way to solving injustices done within the Executive and Legislative Branches
by Colin Murphy
The Case That Forever Changed the Judicial Branch
Marbury vs. Madison
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