Pros And Cons Of Marbury Vs Madison

Marbury vs. Madison: Judicial Review Since the birth of the United States of America, there have been many court cases that have helped shape and form the laws of the land in which we live. In 1803, Supreme Court Justice John Marshall, had to make a ruling on the case Marbury vs. Madison, which is considered to be one of the most important decisions ever made concerning judicial power within the history of the United States of America. (US Courts.) When the U.S. Constitution was written, there was only an establishment of a Supreme Court and its duties. Congress was left with the authority to create lower federal courts and jurisdictions as needed. (U.S. Constitution) In the Judiciary act of …show more content…
When Jefferson took office and saw the letters of appointments that had not been delivered, he made the decision to not deliver the rest of the letters of appointment, and told his acting Secretary of state not to deliver them (His first acting Sec. of State was Levi Lincoln, but the position was later filled by James Madison) . One of the people who never received their appointments was William Marbury. Obviously upset that he did not receive his appointment, Marbury is told by one of his friends that there are these Writs of Mandamus, in which Marbury can go to the Supreme Court and ask the judge to mandate the government give him his job he was promised. …show more content…
Marbury deserved to receive an appointment, and according to the Judiciary act of 1789, he filed the suit in the appropriate place. The answer to the third question was no. Marshall looked at Article III Section II Clause II, of the U.S. Constitution(U.S. Constitution) which defines the jurisdiction of the Supreme Court which only gives the Supreme Court jurisdiction over cases that have original jurisdiction, and appellate jurisdiction. In the U.S. Constitution there is no mention of the Supreme Court having the ability to declare laws passed by congress unconstitutional, nor is there anything written about ordering Writs of Mandamus. Marshall decided that the Judiciary act of 1789 which called for these Writs of Mandamus overstepped the constitutions boundaries for judiciary jurisdiction, and that the Supreme Court is to adhere to the U.S. Constitution above anything else. After making note of the three questions, and the decision, Supreme Court Justice John Marshall establishes Judicial Review, meaning that the Supreme Court from then on has the power to review laws and declare whether they are constitutional or unconstitutional.

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