Federalist No. 78 By Alexander Hamilton

James Madison who was one of the author states that the Federal judiciary should decide cases base on the relation of federal laws, the U.S. Constitution, the U.S. government as a party in the case, affect the “peace of the

I would have to disagree with Mr. Hamilton because the Judiciary, specifically the Supreme Court, is a powerful branch of the

In regards to Maryland's argument of state sovereignty, Chief Justice Marshall argued that the Constitution is "an instrument of the people". Although, it was ratified by the state conventions it is for the people, not the states. Lastly, Marshall stated that "the power to tax involves the power to destroy", which was a direct attack to the federal government. There were no concurrent opinions written for this

In 1800, the presidential election between Adams and Jefferson was a tie, and the government almost broke down. The Supreme Court had no clear purpose or power no one had even thought to build it a courtroom in the new capital city. The book tells the thrilling story of Marbury v. Madison, through which he empowered the Supreme Court and transformed the idea of the separation of powers into a working blueprint for our modern state (The Great Decision). Marbury v. Madison was certainly an integral part of this early stage in American history, but the authors seem to focus more on the actions of Jefferson, Adams, and Marshall. When President Thomas Jefferson took workplace as third president of the U.S., it painted the transfer of powerfulness

Protocol was that each man would receive a signed and sealed paper commission. James Madison was Secretary of State at the present time and one of his duties was to deliver the commission or notice of appointments. Madison was instructed by Thomas Jefferson not to do so and he complied. Marbury and other justices of the peace sued Madison and requested that the Supreme Court issue a writ of mandamus requiring his

Madison case to justify this statement. When Jefferson took office as the third United States President in 1801, William Marbury had still not yet received his commission letter to be a Supreme Court Justice, despite recently being nominated by the previous President, John Adams, and ratified by the Senate. Jefferson instructed his Secretary of State, James Madison, not to give Marbury his commission; he didn’t want a Federalist judge. Frustrated with Jefferson, Marbury filed a lawsuit in hopes of the Supreme Court forcing Madison to give him his commission, recognizing him as an official judge. Yet, Chief Justice John Marshall declared that the Court had no original jurisdiction over the case because in the Constitution, original jurisdiction applies only to cases involving ambassadors or states.

Abstract In 1803 before the president Adams finished his presidential period, he designed forty-two justices of the peace for the District of Columbia. James Madison, the secretary of state of Thomas Jefferson refused to deliver four commissions or notifications; among them Marbury’s commission. Marbury’s asked the Supreme Court for a writ of mandamus or legal order compelling Madison to show the reason why he should not receive his commission. John Marshall, Chief Justice denied Marbury’s petition and refused to issue the writ of mandamus.

Only then will the judges be able to protect the constitution and the rights and privileges of the citizens, along with changing the minds of the framers who thought the judicial branch was weak. Hamilton emphasized that it was necessary for the judicial branch to take advantage of its power of checks and balances and make itself independent, however, still continue to work hand in hand with the

He expanded the power of the Supreme Court by declaring that the Constitution is the supreme law of the land, and that the Supreme Court Justices were the final deciders. In the Marbury vs. Madison case, Marshall wrote "It is emphatically the province and duty of the judicial department to say what the law is.” John Marshall was clearly in favor of judicial power, and believed that the Supreme Court should have the final say in cases involving an interpretation of the Constitution. While establishing this, he kept the separation of powers in mind, as he wanted equal representation among the Judicial, Executive, and Legislative branches. In the Marbury vs. Madison, John Marshall declared that the Judicial Branch could not force Madison to deliver the commission.

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.

In 1803, the Marbury v. Madison case was brought before the Supreme Court. The plaintiff was Federalist William Marbury and, through the principle of judicial review, he wanted the Court to issue a writ of mandamus so that he can receive official documents from the Secretary of State. Marbury claimed that it was unconstitutional for Madison to withhold the commission, but James Madison was under orders from the president, who could ignore court decisions. This case helped solidate the Supreme Court’s position and power as a branch of government equal to the Legislative and Executive branches.

Jonah Brenner Federalist Paper 33 Alexander Hamilton begins Federalist Paper 33 by stating the following clauses: The Constitution authorizes the national legislature “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.” Also “the Constitution and the laws of the United States which shall be made in pursuance thereof and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, and anything in the constitution or laws of any State to the contrary notwithstanding.” These two clauses have been subject to intense accusations against the

Firstly, he states that the President and Senate have the common power, together, to make appointments, and the decision would only be left to the President if the matter was pertinent. Secondly, Hamilton reinforces that the first point limits the power of the president to fill the empty vacancies of the Senate. The appointments made by the President will expire in the next session of the Senate, keeping the branches, executive and legislative, separate. Thirdly, Hamilton stresses the situation in which the President would appoint someone would only happen in a recess of the Senate, till the end of the next session. Lastly Hamilton states that the power to appoint people in empty spots in the Senate belongs to the Senate, and is only left to the President in situations where the Senate is not meeting and therefore cannot make a permanent

In 1787 and 1788, the Federalist Papers were written and published in various newspapers in the state of New York intended to encourage Yorkers to vote in ratifying the proposed Constitution. The famous papers consist of eighty-five essays authored by Alexander Hamilton, James Madison, and John Jay. In Federalist Paper No. 17, Alexander Hamilton explicitly addresses the fear that the proposed Constitution would lead to oppression at the hands of an “autocratic” national government. Hamilton argues that even if the national government were to try and seize the power of the states, it would not be simple to do. The main reason Hamilton gives that the States rights would be reserved is because these government have a greater influence over

Madison court case that took place in 1803. The law that was declared by the Supreme Court at this hearing was that a court has the power to declare an act of Congress void if it goes against the Constitution. This case took place because President John Adams had appointed William Marbury as justice of the peace in the District of Columbia, and the new president, Thomas Jefferson, did not agree with this decision. William Marbury was not appointed by the normal regulation, which was that the Secretary of State, James Madison, needed to make a notice of the appointment. James Madison did not follow through and make a notice of Marbury’s appointment; therefore, he sued James Madison, which was where the Supreme Court came in place.