Marbury V Madison Case Essay

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Total Length: 931 words ( 3 double-spaced pages)

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Legal Issues Presented



With regard to deciding the Marbury v. Madison case, Chief Justice John Marshall faced the following three legal challenges. Firstly, was the petitioner entitled to the said writ? Secondly, did American laws permit the granting of this sort of writ to Marbury? Lastly, if the answer to the second question was in the affirmative, could this sort of writ be issued by the US Supreme Court?



With respect to the very first issue raised, the Chief Justice held that the petitioner had been appointed appropriately according to legally-set down procedures, thus being entitled to this writ. Furthermore, owing to the petitioner's legal entitlement to the commission, he should be offered a remedy by the law. Marshall further stated that the courts were especially duty-bound to safeguard citizens' rights -- even if it was against the nation's president himself. At that time, his ill-disguised reprimanding of President Thomas Jefferson regarding the rule of law proved a lot more controversial compared to his proclamation regarding judicial review (a doctrine that was commonly accepted).



When it came to resolving the last question (i.e., was it the right remedy for the US Supreme Court to issue the 'mandamus' writ?), the Chief Justice tackled the judicial review issue. He held that it wasn't permissible for the US Supreme Court to grant this writ as the 1789 Judiciary Act's 13th section, which authorizes this, was unconstitutional to the extent that it covered original jurisdiction cases.

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Original jurisdiction or the authority of directly bringing cases to the US Supreme Court represented the sole jurisdictional issue the American Constitution itself addressed. Article III ordains that it is only applicable to cases wherein the government is a party and that impact public ministers such as consuls and ambassadors. By broadening the original jurisdiction of the Court for incorporating Marbury v. Madison and similar cases, the Congress had gone above its authority. The Chief Justice claimed that when a Congressional decision contradicted the Constitution, the Court was duty-bound to support the Constitution as the 6th Article establishes that it is America's "supreme law."

How this Case Essentially Created the Supreme Court of the United States



The act of establishing America's judicial courts permits issuance of mandamus writs by the US Supreme Court, in instances that are warranted by law usage and principles, to all courts established, or individuals with authority, by US governmental permission (Marbury v. Madison, 1803).



Absolute judicial power in America is constitutionally granted to the Supreme Court, as well as other lower courts ordained and established by the Congress occasionally. This authority is specifically extended to every case that arises under American laws, and hence can, in a way, be exerted over the current case,….....

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Work Cited

"Marbury v. Madison, 1803" Landmark cases. Web. Accessed 16 January 2017.

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