Marbury Vs Madison Case Brief Essay

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Marbury v. Madison Marbury v. Madison was essential in setting the framework for the supreme court and judicial branch for years to come. The 1803 case for the first time voided one of congress’ acts due to an act not being in alignment with the constitution. This case was the first case to practice judicial review at the federal level, setting forth a new power and separation of the judicial branch. Marbury, Ramsay, Harper, and Hooe were nominated as justices of the peace by president John Adams at the end of his presidency. These men had their commissions approved by the senate and the commissions were then signed by the president. The commissions were endorsed by Adams’ secretary of state John Marshall, where they were last seen in the state department. In 1801 president Thomas Jefferson made sure that Marbury and his peers did not receive their commissions from his new secretary of state, James Madison. Madison was …show more content…
In this case, it was not initially a debate on who’s view of the constitution was correct, yet chief justice Marshall made it that way by questioning the constitutionality of the Judiciary Act of 1789. Three questions were asked by the court: whether or not Marbury has a right to this commission, has his rights been violated, do the laws of the land protect him, and if he is protected, what can we do for him? The whole reason they heard this case is because section 13 of the Judiciary Act allowed them to act if necessary. The court agreed that Marbury had a right to his commission and that his rights have been violated, therefore the laws of the land did offer him protection. The main problem was what could the court do for him? John Marshall argued in court that the Supreme Court did not have a right to force Madison to deliver any commission, he also determined that the Judiciary Act of 1789 was
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