The1803 Court Case Analysis

The judicial review strengthens the constitutional principle of checks and balances. In the 1789 judiciary act and Judiciary act of 1801 had the right to allow the writs of mandamus. Meaning that they court should have power and including the fact that they are forced to do something. John Marshall weakened the power of the supreme court by getting rid of the power. However he did improve the branch by creating the judicial review.

He concluded it did not. The Court having also found that the Judicial Act of 1789 was unconstitutional and therefore null and void. Marshall was refusing to have the Court enter into a political issue on “the grounds that Congress could not constitutionally grant to the Court powers not authorized by the Constitution.” Thus this case established Judicial

In 1803, Thomas Jefferson was President of the United States of America and James Madison was Vice President. In the case Marbury vs. Madison, President Jefferson commanded Madison to fire Judge William Marbury, whom was previously appointed by President John Adams as he was leaving office, along with several other judges. Marbury later sued Madison citing the Judiciary Act of 1798. This act allowed the supreme court to review cases brought against a federal official. William Marbury was a federalist which meant he was in the same political party as Alexander Hamilton and John Adams.

Next, the Supreme Court case Marbury v. Madison surrounded Jefferson withholding William Marbury's judgeship commission after the governmental shift from the Adams Administration to the Jefferson Administration. This case was ruled in favor of Marbury, and it states, "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule" (Document B). The case was decided using judicial review, which is the ability of the Court to declare a Legislative or Executive

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.

John Marshall had a significant impact on strengthening the national government during his term as Chief Justice from 1800-1830. Marshall achieved this goal by strengthening the power of the Supreme Court in three main court cases. In Marbury v. Madison Marshall established the practice of judicial review, then in McCulloch v. Maryland he weakened the central government and Gibbons v. Ogden provided the federal government with the ability to regulate interstate commerce. Marbury v. Madison (1803) was a court case that began the practice of judicial review. This case started because the night before President John Adams term ended, he appointed 42 justices of the peace.

The founding father’s idea when they created the Constitution was to prevent a centralized government. As expressed by James Madison in Federalist No. 51, they believe that the power surrendered by people would be divided between the federal and state governments, creating balance of power that would enable both governments to control each other. Over time, the balance of power between the federal and state governments has shifted in favor of the federal government and this has taken place with the help of the Constitution and by enactments of Congress. The role that Chief Justice John Marshall played in defining the power of the federal and state governments during the early 19th century is important to mention because he shaped the nation.

Marbury vs. Madison In Marbury vs. Madison, the Supreme Court, for the first time, struck down an act of Congress as unconstitutional. This was a landmark case that created the doctrine of judicial review and setup the Supreme Court as the chief interpreter of the Constitution. From then on, the Supreme Court of the has had the power to dictate the constitutionality and validity of the acts of both the Legislative and Executive branches. Ever since Chief Justice John Marshall finalized the decision that established the judicial review, it has set the stage for critical cases that were made like Roe vs. Wade and Brown vs. Board of Education. After being defeated by Thomas Jefferson in the 1800 Presidential Election, President Adams appointed many Federalist judges to fill government posts created by Congress.

Marbury v. Madison was heard in 1803 and is considered a landmark United States Supreme Court case which helped the Court form the basis for the exercise of judicial review in the United States under a new article of the Constitution. This was a landmark decision because it helped to define the difference in power between the executive and judicial branches of the American government. It was the first time that a court ruled that they had the power to declare an act of Congress void if it is not consistent with the values of the Constitution. McCulloch v. Maryland was decided by the Supreme Court in 1819, and was known for asserting national supremacy for state action in areas of their constitutionally granted authority.

Marbury v. Madison during the year of 1803, discussed the judicial branch’s power over lawmaking. Thomas Jefferson mentioned how the Court’s final choice made the Constitution, “a mere thing of wax in the hands of the judiciary” (Document D). The judicial branch did receive more freedom early in the nineteenth century. The judicial branch was still required to follow what is stated in the Constitution in order to get a national law passed.

Robert Isenhour Federal Government 110 10/10/17 Judicial Review Judicial Review had been obsolete until 1803 when the need for it arose in the case of Marbury vs. Madison, where it was then found to become a new component to the Judicial Branch. I am here to discuss why judicial review is and shall remain a doctrine commonly used in constitutional law. Judicial Review is the power for courts to review other government branches to determine the validity of its actions whether it be constitutional or unconstitutional. These ‘acts’ can be described as legislation passed by congress, presidential orders and actions, or all state and local governmental actions.

Although a plethora of critics mention that the judicial branch is considered the weakest out of the three branches, none of the branches are truly weak. The judicial branch still plays a prevalent role in checking and balancing the other two branches. The purpose of judicial review is mainly to imply judicial supremacy in interpreting different various types of laws. In Federalist 78 by Alexander Hamilton, he decreed that judicial courts must “respect the right of the courts to pronounce legislative acts void, because contrary to the constitution, has arisen from an imagination that the doctrine would imply a superiority of the judiciary to the legislative power (Woll 359).” Judicial courts must have complete independence of the courts of justice and be able to deem Congressional laws as unconstitutional.

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.

The Constitution of the United States was formed 223 years ago. Since 1787, a lot has changed. We grew as a country, technology advanced, and we elected 43 different presidents. One of witch, being the first African-American President in history. Due to its age, some may argue that the Constitution is irrelevant to today’s problems.