Marbury vs. Madison

In: Social Issues

Submitted By mpharris5413
Words 795
Pages 4
Marbury vs. Madison was a case heard by the Supreme Court that greatly verified the need for accountability of governmental power through checks and balances….. specifically that of judicial review. Starting with the key players in this case, Marbury was a man who was to be appointed as the Justice of the Peace for Washington County in the District of Columbia by President Adams. Madison was the new Secretary of State appointed during Jefferson’s term who withheld Marbury’s (as well as others) petition for commission when Jefferson assumed office, as requested by the president. Marshall was the Chief of Justice, previously Adams Secretary of state. He made and wrote the decision to overturn the act of congress that wrote the principle of judicial review and thusly made the decision against giving Marbury his commission. As for the story. Both the first and second president were federalists. During Adams term, he created new positions for judgeships within the executive branch then in an attempt to keep the federalist influence he appointed loyal federalists to these positions days before the third president took office. Jefferson was a democratic republican. The catch was that though these positions were appointed to specific people and approved by senate, the letters were not delivered to the appointed judges and thusly unofficial. Jefferson was frustrated by this “packing” of the judiciary (pg 63) and ordered that the letters not delivered after his inauguration be voided, one being Marbury’s. Marbury ordered his commission through issuing a writs of mandamus. His case was brought to the Supreme Court and in 1803 was heard. The situation at hand was whether or not to deliver the writ which was in the hands of the Chief Justice, John Marshal. This rock-and-a-hard-spot position caused Marshal to think long and hard about where the real issue lied. He came to the…...

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