Marbury v. Madison by

Background

lamqueenie96 — 2014-02-19 18:24:16 UTC

President Adams chose John Marshall as Chief Justice before leaving office. Marshall served for 34 years.

William Marbury was a federalist appointed justice of peace in Washington D.C. before Adams left office. James Madison, the new secretary, was supposed to deliver documents that showed that Marbury was the justice of peace but Jefferson told Madison not to so that Jefferson could appoint a republican instead.

After hearing this, Marbury asked the Supreme Court to tell Madison to deliver the documents. He based his request on the Judiciary Act of 1789.

Judiciary Act of 1789

lamqueenie96 — 2014-02-20 17:51:40 UTC

This act outlined the three courts and the jobs of the three.

►Office of the attorney general. The attorney general is nominated by the president and is the head of the department of justice.

►Circuit courts apply limited jurisdiction to court cases.

►Supreme Court has one chief justice and five associate justices. It has the final decision in court cases.

http://www.constitution.org/uslaw/judiciary_1789.htm

Marbury v. Madison

lamqueenie96 — 2014-02-20 17:55:09 UTC

The first court case to apply the Principle of Judicial Review: the power to void acts of congress that disagreed with the Constitution. The decision of this court case played a role in making the Supreme Court a major branch of government, on par with Congress.

Jefferson (Democratic-Republican) was elected in the election of 1800 as president. President Adams, in the final days of his presidency, nominated multiple justices of peace. The commissions were approved by the Senate and signed by the president. They weren't delivered by the order of the new President Jefferson.

William Marbury, one of the appointed Justices of Peace, petitioned the Supreme Court to order James Madison to deliver the documents.

Chief Justice Marshall answered three questions:

1. Did Marbury have the right to the matter that he petitioned?

2. Did the laws of the US allow the court to grant him what he wants in this matter?

3. Is the court able to grant him what he wants in this matter?

Chief Justice Marshall ruled that Marbury had been appointed by previously established laws and has the right to get what he wants in this matter. It is the court's responsibility to protect the rights of individuals. Some argued that Marbury cannot be granted what he wants because of the Judiciary Act of 1789 because it is unconstitutional.

Marbury's request was denied and Jefferson was pleased. Jefferson was, however, given a lecture by the Chief Justice about the matter.

After this case, the Supreme Court because an equal branch of government by asserting it's power in this case.

http://www.pbs.org/wnet/supremecourt/democracy/landmark_marbury.html