Marbury Vs Madison Case

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Marbury v. Madison, 5 U.S. 13, was decided in 1803 which basically was featured by the Supreme Court of the United States (S.O.T.U.S), in which the court established the basis for the exercise of judicial review in the United States under Article III of the Constitution. It helped to form a separation between the constitutionally separate executive and judicial branches of the United States. However this case helps Chief Justice John Marshall to establish the power of judicial review: the power of the Court not only to interpret the constitutionality of a law or statute but also to carry out the process and enforce its decision. During his last day in office, President John Adams named forty-two justices of the peace and sixteen new circuit …show more content…
Does the SC have the original jurisdiction to issue writs of mandamus? Does the law allow Marbury a remedy? Most of the questions regarding with the Supreme Court, can be brought up as: Does the SC have the authority to review acts of Congress and it cause whether they are unconstitutional and therefore void? As for Article III, the most important question can be specifying as: Can Congress expands the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution? In the case of Marbury v. Madison are related the question posed to the court: Has the applicant a right to the commission he demands? Which the courts answers as “The Supreme Court determined it did not have original jurisdiction over the case, but appellate and therefore could not be issue a writ of mandamus. Marbury had to initiate legal action against Madison in lower federal courts before the Supreme Court review his …show more content…
Therefore, it also ruled that the court had no jurisdiction in the case and could not force Jefferson and Madison to seat Marbury. “The Judiciary Act of 1789 gave the Supreme Court jurisdiction, but the Marshall court ruled the Act of 1789 to be an unconstitutional extension of judiciary power into the realm of the executive.” The Court only issued one opinion in Marbury v. Madison, the case was decided by a unanimous vote of 4-0; therefore, there were no dissenting and concurring
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