Marbury Vs Madison
Marbury v Madison is the historical case that gave the authority of Judicial Review to the Supreme Court of the United States of America.
In order to examine the historical and political significance of this case, it is fundamental to review the political discourse of the period in conjunction with case facts, notes, and finally, the decision. This assists us in our understanding of this benchmark case in completeness.
The election of 1800 saw the defeat of the Federalist incumbent, John Adams, who lost his seat to incoming Democratic Republican, Thomas Jefferson. Adams and the Federalist party held strong beliefs in the idea of an industrial society. A society and a country that fostered a domestic and international market for US made goods …show more content…
Marbury submitted a petition to the court requesting a Writ of Mandamus to be levied upon Mr. Madison for the commission of which he believed was purposely withheld. This petition resulted in the benchmark case: Marbury v. Madison.
Presented to the court for hearing, Marbury v. Madison created the following questions:
a. Was Marbury legally appointed to his post?
b. Was his commission rightfully and legally withheld?
c. Was it constitutional for the court to enter a decision for Marbury?
The court passed down its unanimous decision on February 24, 1803, with answers to the posed questions above. First, the Court posited that Marbury’s appointment was legal; second, the commission was illegally withheld from Appointee Marbury; and third and final, the Supreme Court decided it could not uphold the Writ of Mandamus, as the law that gave the court the power to uphold Writs of Mandamus in itself was unconstitutional, and therefore, the court had no jurisdiction to decide this …show more content…
Therefore, if the Act which gave way for case to be presented to the court was unconstitutional, it makes the case invalid. Marshall, then continued on saying, such as it was in this case, and should there be others, by way of the Supremacy Clause of the Constitution, the Supreme Court has the right to review the constitutionality of all laws, therein creating Judicial
In order to examine the historical and political significance of this case, it is fundamental to review the political discourse of the period in conjunction with case facts, notes, and finally, the decision. This assists us in our understanding of this benchmark case in completeness.
The election of 1800 saw the defeat of the Federalist incumbent, John Adams, who lost his seat to incoming Democratic Republican, Thomas Jefferson. Adams and the Federalist party held strong beliefs in the idea of an industrial society. A society and a country that fostered a domestic and international market for US made goods …show more content…
Marbury submitted a petition to the court requesting a Writ of Mandamus to be levied upon Mr. Madison for the commission of which he believed was purposely withheld. This petition resulted in the benchmark case: Marbury v. Madison.
Presented to the court for hearing, Marbury v. Madison created the following questions:
a. Was Marbury legally appointed to his post?
b. Was his commission rightfully and legally withheld?
c. Was it constitutional for the court to enter a decision for Marbury?
The court passed down its unanimous decision on February 24, 1803, with answers to the posed questions above. First, the Court posited that Marbury’s appointment was legal; second, the commission was illegally withheld from Appointee Marbury; and third and final, the Supreme Court decided it could not uphold the Writ of Mandamus, as the law that gave the court the power to uphold Writs of Mandamus in itself was unconstitutional, and therefore, the court had no jurisdiction to decide this …show more content…
Therefore, if the Act which gave way for case to be presented to the court was unconstitutional, it makes the case invalid. Marshall, then continued on saying, such as it was in this case, and should there be others, by way of the Supremacy Clause of the Constitution, the Supreme Court has the right to review the constitutionality of all laws, therein creating Judicial