Case study Marbury v Madison - CASE STUDY 1 MARBURY v...

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CASE STUDY 1 MARBURY v. MADISON 1 Case Study: Marbury v. MadisonStrayer UniversityLEG 420January 15, 2017Facts:
CASE STUDY 1 MARBURY v. MADISON 2 This is a case that was brought about because of the decision John Adams made by appointing William Marbury as one of the many Justice of peace for the District of Columbia. Now, the approval was approved by both the Senate, and then it was also signed by the then president relatively, the commissions were never delivered. So when President Jefferson took office, there were letters on the table at the State Department. He also noticed that there were some commissions for Federalists so then President Jefferson decided not to have the letters delivered. Therefore, William Marbury asked the Supreme Court for a legal order to show why he should not receive his commission. Issue:William Marbury sued James Madison because he wanted his commission to be valid, now the issue is Marbury entitled to mandamus from the Supreme Court? Does the Supreme Court have the right to grant a writ of mandamus? Does the Supreme Court have the power to do a judicial review properly? Was the submission of the writ of mandamus a good suggestion by the court to use as a way of a remedy?Ruling: The decision, in this case, changed the judicial review of the courts and also the way judges look and interpret the constitution. The result of this case, was determined that Marbury appointment was indeed valid because it was approved and sealed using a presidential seal. His appointment was legal and once his right was denied that is where the problem began because for every right they violated there was never a remedy given to compensate. There was, however, a conflict because with the Judiciary Act of 1789 it does give the supreme court the right to issue the writ
CASE STUDY 1 MARBURY v. MADISON 3 of mandamus, but however it does not give the court the right to review it. Therefore, with this conflict becoming an issue, Marshall created the principal of judicial review.Summary:The Marbury v. Madison case was the case that brought change to the branches of U.S. Government. Now of course when all of this is taking place I believe that no one involved thought that it would have the type of impact on the courts. This case started off with William Marbury going to the Supreme Court asking for a writ of mandamus due to Sectary of State James Maddison for President Jefferson failed to deliver his commission. Therefore the case wasbrought to the Supreme Court to force Maddison to give Marbury his commission, but things didnot go as planned. Three questions were presented before the court to answer; the first question was: “Does Marbury have a right to the commission?” the second: “If the right has been violated,do the laws of the U.S. afford him a remedy?” and the third was: “Is this remedy a writ of mandamus from the Supreme Court?” The First two question went for Marbury, but the problem

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