Marbury Vs Madison

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The official citation of Marbury v. Madison is as following: Marbury v. Madison, 5 U.S 137 (1803) (Wikipedia). The main parties involved in the Marbury v. Madison case were William Marbury, who was appointed by President John Adams as Justice of the Peace and James Madison, who was secretary of State of the United States. Dennis Ramsay, Robert Townsend Hooe, William Harper were important assets throughout this Supreme Court case. The Supreme Court came to a decision on February 1803. The incident official took place at The White House. The justices during the Marbury v. Madison were Chief Justice John Marshall and the associate justices were as followed: William Cushing, Williams Paterson, Samuel Chase, Bushrod Washington, and Alfred Moore …show more content…
In the 1800s as John Adams last act as President he decided to appoint a number of people into empty position in the federal government. He appointed as many as fifty-eight people, he requested that his Secretary of State, John Marshall deliver the paperwork to these people. Extremely overwhelmed James Madison only delivered only a few and left some of the new secretary. When elected President Thomas Jefferson came into offer, he restricted Madison from delivering the papers to some of the appointees. One of the individual who did not receive his paper was William Marbury. In 1801, William Marbury and his assets petitioned the Supreme Court to ruling that would force Secretary of State James Madison to deliver the documents. The Supreme Court issues a writ of mandamus. A writ is a court order that forces an official to do something (Street Law). Marbury argued that a law that is passed by Congress, the Judiciary Act 1789 give the Supreme Court of Untied States the power to issue this writ. If the writ were issued than Madison would have to be law deliver the papers. This would instate Marbury as the justice of the peace. The case decision relied on the new Chief Justice of the United States, which was John Marshall, the same person who was unable to deliver the …show more content…
Because of Marbury v. Madison, the court has had the final say in determining the constitutionality of congressional legislation. The Supreme Court decision was key to making a Separate Branch of Government, equal in power to both the Congressional and Executive. Marbury v. Madison has had drastic effect on country in creating a solid foundation of balance between our branches. The system we now have allows for the branched to each have their own equal amount of power to insure that the decisions that are made are lawful and just according to our Constitution. The landmark of the case was that is established the legal principle of judicial review, which is states that the Supreme Court limit Congressional power by declaring legislation