Marbury V Madison Case Study

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Derek Bloom
Marbury v. Madison (1803)
Introduction
Marbury v. Madison (1803) refers to a landmark case in US law that laid the basis for the application of judicial review, particularly under Article three of the Constitution. The outcome of the case helped define the limits between the country’s distinct executive and judicial branches. Marbury v. Madison (1803) came about after William Marbury’s application to the (SC) Supreme Court. The application came after President John Adams appointed him as Justice of the Peace. He beseeched the SC to obligate the Secretary of State J. Madison to supply the documents. The Court recognized that Madison 's rejection to send forward the commission was both remediable and illegal. Nevertheless, it thought …show more content…

As a result, Marbury v. Madison was simply the start of SC case to apply an already prevailing power. These scholars point to accounts about judicial review created in the Constitutional Convention, as well as the state ratifying conventions. They also point to accounts about the review particularly in publications, discussion ratification, as well as the court cases prior to that of Marbury that entailed judicial review (Scheb and Scheb 172). Not anything in the copy of the Constitution, however, openly accredited the authority of reviewing the judiciary before this monumental case. In an undivided decision through Justice Marshall, the SC indicated that Marbury, undeniably, deserved his commission. Nonetheless, more significantly, the 1789 Act of the Judiciary turns to be …show more content…

His Secretary of State ought to have delivered the official documents approving the appointments. However, the Secretary of State failed to deliver these documents or commissions to the then 3 new peace justices prior to President John Adams ' term of office was terminated. One of the official documents was to be presented to William Marbury. After Thomas Jefferson became the new President in about March 1801, he discovered Adams 's plans of attempting to fill the country’s court with Federalist judges (Amatrudo and Blake 87). The new president also learned of the previous executive’s inability to deliver the new commissions. As a strategy to jeopardize John Adams’ efforts, Jefferson directed his Secretary of State to decline the

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