Circuit Courts Dbq

Facts of the Case: (Approximately 200 words) The case to place on March 2, 1801, when William Marbury was designated as a justice of the peace in the District of Columbia. Marbury and several others were appointed to government post created by Congrees during the end of John Adam’s term as President. President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia under the Organic Act. The Organic Act was an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office.

NAME OF THE CASE: Marbury v Madison 1803 VOTE: The vote count was 4-0 BASIC FACTS OF THE CASE: In March of 1801, William Marbury (along with many others being appointed to government posts) was appointed to be a Justice of the Peace near the end of Adams administration of the presidency. Being a member of the Federalist Party, John Adams tried to appoint as many Federalists into the cabinet.

Case: Marbury v. Madison Citation: 5 U.S. (1 Cranch) 137 (1803) Vote: 4 to 0 Facts: In 1800, Thomas Jefferson defeated John Adams. Before Adams last day in office, he appointed several justices of the peace. These justices were approved by the senate and president. The commissions were not delivered because when Thomas Jefferson took office in 1801 he ordered his secretary of state, James Madision, not to make any deliveries.

The United States of America between the time period of 1800-1835 were creating the first modern democracy. They had a separation of powers by creating a Legislative, Executive, and Judiciary Branch. The Legislative branch being the the Senate and House of Representatives, the Executive branch being the President and his advisors, and the Judiciary branch being the Supreme court. The Supreme Court informed and validated all the laws. In the end, the Supreme Court in many of their cases like Gibbons v. Ogden, McCulloch v. Maryland, Marbury v. Madison, and Cohens v Virginia made decisions that sought to assert federal power over state laws and the primacy of the judiciary in determining the meaning of the constitution.

Supreme Court. On that same day, President Washington Sent a letter to congress, with the names of a chief and five justice associates and one of those associates was John Blair. The appointment came as a surprise to John Blair when he heard that he was an associate pick for the U.S. Supreme Court. But John Blair accepted it and resigned from the Virginia Supreme Court, to join the U.S. Supreme Court. Later Washington explained to Attorney General Edmund Randolph why he chose those people and said that the establishment of the New Supreme Court required “the selection of the fittest characters that would be able to expound law and the dispense of justice.”

One point being that at the time that he took office the Supreme Court was mainly Federalist-dominated, and was a struggling institution. This caused them to be aimed for attacks by the Jeffersonian Republican, who were strongly against the Federalist. The Jeffersonian republicans had gained control of the white house and congress, because of this they wanted to come to power of the judicial branch. They went as far as trying to impeach Federalist judges. Another point is that it was very challenging to find people to serve on Court.

The purpose of the Constitution was to establish a central government authorized to deal directly with individuals rather than states and to incorporate a system of checks and balances that would preserve the fundamental concepts contained in the Magna Carta, that is, to limit the power of the government. The first three articles of the Constitution establish the legislative, executive, and judicial branches of government and the country’s system of checks and balances. The balance of power was established vertically through the separation of power between the federal government and the states and laterally through the three branches. In the supremacy clause, the constitution declared itself the supreme law of the land. The U.S. Constitution

This was the power of federal courts to cancel out the acts of Congress that was in conflict with the Constitution. The decision was written out by Chief Justice John Marshall. This decision played a main role in creating the Supreme Court as a separate branch of government with the executive and Congress. Marbury was not the only one who was supposed to receive a commission. Before, President John Adams had named 42 justices of the peace.

One of the things Marshal did in the decision was scold Jefferson and his cabinet. He did this by writing that Marbury was treated poorly because his commission was illegally retained and he should have been given it when asked for. Marbury won Jefferson and his cabinet, but there was much more to this decision. Chief Justice Marshall also decided that the Supreme Court did not have power in this Case. Marshall said that the law which expanded the Judiciary was unconstitutional.

In Marbury v. Madison (1803) it was announced by the Supreme Court for the very first time, that if an act was deemed inconsistent with the constitution then the court was allowed to declare the act void. Thomas Jefferson’s secretary of state, James Madison, denied William Marbury of his commission. President John Adams appointed William Marbury the justice of peace for the District of Columbia during his last day in office. Madison denied Marbury of this commission because he believed that because it was not issued before the termination of Adams presidency, that it was invalid. Marbury himself started a petition, along with three others who were in a similar situation.

Patrick Shannon In the election of 1800, Thomas Jefferson and the Democratic-Republican party beat John Adams and the Federalists. John Adams appointed a lot of justices of peace and circuit court justices for the District of Columbia on the last day that he would be president. This was an attempt by the Federalists to take command of the federal judiciary before the Democratic-Republican party’s leader, Thomas Jefferson, could take office. Thomas Jefferson ordered James Madison to not deliver the requests of Adams.

For the Judiciary Act, written by Congress in 1789, to allow the Court’s power be extended to cases like the Marbury v. Madison case would mean that the Supreme Court overstepped their boundaries. It was then that Chief of Justice Marshall suggested judicial review, which is when an act of Congress is examined and revised as needed to correlate with the Constitution. Though Marshall admitted that Marbury deserved a writ of mandamus, the Court was unable to give him one in this situation because

Federal Judges and Supreme Court Justices The process for electing a federal judge is both a simple, yet complicated one. A number of things take place between the need for a nominee and the appointment to a position. The basis for the nomination and appointment of federal judges and Supreme Court Justices is the Appointments Clause (Article II, Section 2, Clause 2) of the United States Constitution: “The President...shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law....” First a vacancy must be present at which time the President can make a nomination.

The Chief Justice of the Supreme Court at the time was Chief Justice John Marshall, and he declared that this whole process of delivering commissions for judges, the Judiciary Act, was unconstitutional. The Supreme Court declared this act illegal, because it gave the Supreme Court a power that they were forbidden to have. This is when the first law was declared unconstitutional and judicial review came into

The first article of the Constitution says "ALL legislative powers...shall be vested in a Congress." The second article then reads "the executive power...in a President." The third article gives the "judicial power of the United States in one Supreme Court" and "in such inferior Courts as the Congress...may establish."