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Marbury V. Madison - Paper

Marbury V. Madison


The 1803 case resulted in the most important
Supreme Court decision in history. The court's ruling established the
power of judicial review, solidified the Constitutional system of checks
and balances, strengthened the power of the federal government, and made
the Judiciary an equal partner with the Legislative and Executive branches
of government.
In the Election of 1800, Thomas Jefferson and his anti-federalist
Republican party defeated the incumbent John Adams and the Federalist party.
The Republicans also won a majority in Congress. In an effort to keep at
least one branch of the government under Federalist control before the
Republicans took office, Congress passed the Judiciary ...

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of State,
he had the task of delivering these commissions. In the press of business
before Adams left office he delivered all but seventeen. Marshall left
these on his desk for the incoming Secretary, James Madison, to deliver.
Outraged by Adams' appointments, Jefferson ordered Madison not to deliver
the commissions. Four of the uncommissioned justices of the peace,
including William Marbury, sought a writ of mandamus, or order directing
Madison to deliver the commissions. Madison disregarded the preliminary
order by Marshall to deliver the commissions. Next, Congress, using its
authority under the Constitution to make "regulations" for the federal
court, shut down the Supreme Court for a year.
Today, the actual decision is unimportant (Asch 29). Even at the
time that the case was decided it was insignificant because Marbury's term
as justice would have ended by the time the Court was ready to consider it.
But this did not prevent Marshall from using the case to ...

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PAPER DETAILS
Added: 6/14/2008 11:35:41 AM
Category: Government
Type: Premium Paper
Words: 1188
Pages: 5

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