Darran Brown (Case Study 1).doc - Running head MARBURY v...

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Running head: MARBURY v. MADISON 1 Case Study 1: Marbury v. Madison Darran Brown Dr. Charles Fleming LEG 420 1/17/15
MARBURY v. MADISON 2 Marbury v. Madison In 1803, the Supreme Court, led by Chief Justice John Marshall, decided the landmark case of William Marbury versus James Madison, Secretary of State of the United States and confirms the legal principle of judicial review–the ability of the Supreme Court to limit Congressional power by declaring legislation unconstitutional–in the new nation. John Marshall's decision in the case of Marbury v. Madison had a significant impact on the role of the Supreme Court and politics in the United States. John Adams and Thomas Jefferson were colleagues and friends during the founding of the Republic. Their different personalities and political views could have served as an indicator that their friendship would be short lived. Thomas Jefferson was the Vice President of the United States when John Adams was President from 1797-1801 on the basis of Jefferson receiving the second most electoral votes even though they belonged to different political parties (Castellano, 2006). In 1800, Jefferson challenged Adams for the presidency and won. Thomas’ win would put an end to their friendship and cause them to become enemies. The Federalist Party was the majority in Congress while Adams was in office. During the last days of his term the Federalists would use their majority control to pass legislation that would increase the number of federal judges, including justices-of-the-peace. 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 served as an attempt by the Federalists to gain control of the federal judiciary before Jefferson was sworn in. The commissions were signed by President Adams and sealed by acting Secretary of State John Marshall. Marshall would later become Chief Justice of the Supreme Court and the author of the opinion of Marbury v. Madison. The commissions were not delivered before the expiration of Adams’s term and this would become a problem. Thomas Jefferson claimed that the commissions were invalid because
MARBURY v. MADISON 3 they were not delivered before the end of Adams’s term and he refused to honor them (Marbury v. Madision, 1803). William Marbury, a Federalist, was one of the forty-two justices of the peace appointed by Adams. Marbury did not receive his appointment to justice of the peace under Thomas Jefferson and this would lead to Marbury v. Madison (Marbury v. Madison). Marbury petitioned the Supreme Court to issue a writ of mandamus forcing Madison to deliver the commissions. John Marshall led the Supreme Court in the dismissal of Marbury’s suit stating that part of the Judiciary Act of 1789 was unconstitutional. John Marshall's decision to declare that the Supreme Court could not give out writs of mandamus and that the Judiciary Act of 1789 (that gave out this power) was unconstitutional set the precedent for the Supreme Court to have

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