Essay on Law and Marbury

Submitted By ddddddddddee
Words: 338
Pages: 2

Case Brief 1. Marbury v. Madison 1 Cranch * (5 U.S.) 137, 2 L.Ed. 60 (1803) 2. This Marbury v. Madison Case is the case that Marbury, one of the intended justices of peace that John Adams appointed, believed that James Madison, the Secretary of State, should be forced to deliver the commissions involving John Adams appointees to the Supreme Court. On President John Adams last day in office he made a series off appointees to the Supreme Court, but it was never delivered by John Marshall, John Adam’s Secretary of State. Marbury believed that the commissions should be delivered by the new Secretary of State James Madison and applied directly to the Supreme Court for a writ of mandamus, which Marbury hoped would force Madison to deliver the commissions. 3. –Has the applicant a right to the commission he demands?
-If he has the right, and that right has been violated, do the laws of the country afford him a remedy?
-If they do afford him a remedy, is it a mandamus issuing from this court?

4. Decision 1- Yes.
Decision 2- Yes.
Decision 3- Yes. 5. Decision 1- For the reason that Marbury received the right when the President signed it.
Decision 2- For the reason that the law grants Marbury a remedy. It is an individual and civil right. By the President signing the commission and the Secretary of State sealing it, it is a clear violation of legal rights to refuse to deliver the commission.
Decision 3-For the reason that the Supreme Court has the…