Thursday, October 31, 2019

The Case Marbury V. Madison Essay Example | Topics and Well Written Essays - 2250 words

The Case Marbury V. Madison - Essay Example Thus, this historic case created the concept of Judicial Review or the capability of the Judiciary declaring a law unconstitutional. The court case hence resulted to the Judiciary, Legislative & Executive branches of the government is on an evener power basis ultimately setting the precedent for an infinite number of future historic decisions (Marbury versus Madison, 1803). On the last day in office, Adams the president commissioned sixteen new justices for the circuit court and forty-two peace justices for the Columbia district in his last day in office under the Organic Act, which was meant taking control of the Judiciary of the Federal government by the Federalists before Thomas Jefferson took office. The commissions were consequently signed by President John Adams & sealed by the then acting State Secretary, John Marshall (author of the opinion of this case) before he becomes the Court of Supreme Chief Justice. However, the commissions were not submitted before the end of John Adams’s term as the president of the U.S. resulting to rejection of the appointments by Thomas Jefferson who termed them as invalid on grounds that they were not submitted before the end of John Adams’s term as the president (Marbury versus Madison, 1803). Therefore, this prompted William Marbury one of the appointees filing a writ of mandamus before the Court of Supreme, which had original jurisdiction issuing writs of mandamus to any persons holding office or courts under the U.S. authority, to compel Madison, the Stare Secretary delivering the new appointments. However, supreme led by John Marshall rejected on grounds that the move was unconstitutional under some part of the Judiciary Act of 1789 (Marbury versus Madison, 1803). Â  

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