Marbury v. Madison

Essay by spadekingUniversity, Bachelor'sA, March 2011

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Marbury v. Madison


The case "Marbury v. Madison began on March, 1801, when a Proponent, William Marbury, was assigned as a magistrate in the District of Columbia. William Marbury and various others were constituted to government posts made by United States Congress in the last days of President John Adams's administration; merely these eleventh hour appointments were never completely nailed down. The dissatisfied appointees raised an act of US Congress and litigated for their jobs in the Supreme



In a the year of 1803 a watershed case, Marbury v. Madison, John Marshal Chief Justice's opinion founded the Supreme Court's power to declare acts of United States Congress, and by significance acts of the president, unconstitutional if they surpassed the authorities allowed by the Establishment or Constitution. But most significant thing was that the Court became the judge of the Constitution, the final authority on what the document meant.

Intrinsically, the Supreme Court became as a matter of fact also as in theory an equal partner in authorities, and it has acted that role always later on (Erskine P.88-109).

William Marbury petitioned to U.S Supreme Court this caused the case. President John Adams appointed William Marbury in the District of Columbia as a Justice of peace. But afterward the commission was undelivered to him. When there was no delivery of commission then William Marbury submitted petitioned to force James Madison the secretary of state to deliver the documents, but the mater of turning was that Chief Justice of that time John Marshall refused the petition of Marbury. Justify his refused by claiming that the part of status on which he supported his claim was unconstitutional, Judiciary act of 1789 (Coxe, P.302-335).

Mile-Stone of case

Marbury v. Madison was the landmark decision assisted define the "checks and...