Warning: Use of undefined constant referer - assumed 'referer' (this will throw an Error in a future version of PHP) in /usr/home/essaywo/public_html/essays on line 102

Warning: Use of undefined constant host - assumed 'host' (this will throw an Error in a future version of PHP) in /usr/home/essaywo/public_html/essays on line 105

Warning: Cannot modify header information - headers already sent by (output started at /usr/home/essaywo/public_html/essays:102) in /usr/home/essaywo/public_html/essays on line 106

Warning: Cannot modify header information - headers already sent by (output started at /usr/home/essaywo/public_html/essays:102) in /usr/home/essaywo/public_html/essays on line 109
Marbury Vs. Madison (1803) - Paper

Marbury Vs. Madison (1803)

As his final presidential act, John Adams appointed 42 new Justices of the Peace, the appointments were officially certified by Marshall, then Secretary of State, but all of them were not delivered before Jefferson took office.Jefferson then directed Madison, the new Secretary of State, not to deliver the remaining commissions. Marbury was one of those who did not receive a commission. He filed a suit with the Supreme Court, (under the provisions of the 1789 Judiciary Act,) asking for a writ of mandamus (we command) to force Madison to deliver the commission.
Did Marbury have a right to his commission? Could the Supreme Court issue the order directing Madison to deliver the commission? Did ...

Want to read the rest of this paper?
Join Essayworld today to view this entire essay
and over 50,000 other term papers

sought after in the rial and the here are the resaults.Given the nature of the job, once a commission is signed and sealed, it is law. A Justice of the Peace is entitled to serve the full term of his office and is not subject to removal by executive whim.Since all the proper procedures were followed, Marbury has a vested right to his commission and to withhold it is to violate the law.
The ansewer to the first question wasyes.The Anglo-American legal system is premissed on the assumption that people have legal recourse when subjected to an injury.The U.S. government is one "of laws, and not of men." This implies that there is a legal remedy for violation of a protected right.
The courts opinion of this was that Marbury has the right to his office for five years and that, having been denied this right, he has recourse to the Courts to see that his commission is delivered.the next part of the trial of the court was to find a remedy for there decision.The decisoin they reached was ...

Get instant access to over 50,000 essays.
Write better papers. Get better grades.

Already a member? Login

CITE THIS PAGE:

APA
MLA
Chicago
Turabian

Marbury Vs. Madison (1803). (2004, September 20). Retrieved December 23, 2024, from http://www.essayworld.com/essays/Marbury-Vs-Madison-1803/14655

"Marbury Vs. Madison (1803)." Essayworld.com. Essayworld.com, 20 Sep. 2004. Web. 23 Dec. 2024. <http://www.essayworld.com/essays/Marbury-Vs-Madison-1803/14655>

"Marbury Vs. Madison (1803)." Essayworld.com. September 20, 2004. Accessed December 23, 2024. http://www.essayworld.com/essays/Marbury-Vs-Madison-1803/14655.

JOIN NOW

Join today and get instant access to this and 50,000+ other essays

PAPER DETAILS

Added: 9/20/2004 06:25:38 PM
Category: Government
Type: Free Paper
Words: 451
Pages: 2

Save |

Report

SHARE THIS PAPER

SAVED ESSAYS

Save and find your favorite essays easier