Marbury Vs Madison Case Brief Essay

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Marbury v. Madison was a critical case in US Supreme Court history. The case was brought to the court by the plaintiff, William Marbury, who had been recently appointed a Justice of the Peace by President John Addams. Before Marbury was able to receive his official commission, Thomas Jefferson entered office and ordered the Secretary of State, James Madison not to deliver the recent commissions of the previous government to the new appointees. Marbury therefore filed a petition to the Supreme Court to order Madison deliver his commission by writ of mandamus, as the appointment was rightfully and legally his as “when the seal is affixed, the appointment is made, and the commission is valid”. The case, presided by Chief Justice John Marshall, was argued on the 11th of February 1803, and decided on the 24th of the same month.

The concept of judicial review in the United States, is one of checks and balances. It allows the judicial branch of the government to revise and possibly nullify the action of the legislative and executive branches of government. This enables the judicial powers of the country to uphold the Constitution and maintain its original values. Whilst there is no specific mention of judicial review in the U.S Constitution, Article III of the United States Constitution states that …show more content…
Marbury argued that Madison’s refusal to deliver his commission conflicted with the rights granted to him under the Judiciary Act of 1789, however, Marshal found that the judiciary act and the Constitution were in conflict and held that acts of the legislative branch that opposed the Constitution were not to be upheld under the law. Article VI of the U.S. Constitution establishes that the Constitution is “the supreme law of the land”, and such a supremacy clause does not allow for federal legislative acts to overrule
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