Supreme Court Case Study Case Study

Open, View, and/or
Download this Document

Total Length: 949 words ( 3 double-spaced pages)

Total Sources: 3

Page 1 of 3

Marbury v. Madison

Supreme Court Case Study

Every year Supreme Court provides decision in cases that really impact the American citizen's rights. The aim of this analysis is to keenly check cases handled by the Supreme Court and the way they were given their final verdict. The parties involved sometimes get that the cases favor them or not depending on the existing laws or even through undermining the constitution. The case in the United state law involving Marbury v. Madison,5 U.S. 137 (1803). This case created the basis for implementation of judicial review in the United States under Article III within the constitution. It became the first time in the history of the Western where a court invalidated a law through terming it as unconstitutional.

From the appointments made by President John Adams, William Marbury was appointed federal justice of peace. Nevertheless, Thomas Jefferson became the President prior to Marbury being officially appointed. Jefferson who was a republican instructed the state secretary so that the appointment should not be delivered. This made Marbry to sue Madison. He stated that the court should issue a writ of mandamus, instructing Madison to deliver the appointment. This was according to Judicial Act which was giving authority to the U.S. Supreme court to issue such writ. The issue was, if the U.S. Supreme court has power based on Article III. Section 2. Within the constitution, to interpret the law or statute constitutionality which was passed by Congress? The decision of the court was that the request of Marbury for a writ of mandamus was based on the passed law by Congress that the court passed to be unconstitutional.

Stuck Writing Your "Supreme Court Case Study" Case Study?

View All Our Example Supreme Court Case Study Case Study

Have A Custom Example Essay Written

Therefore it was declared that the federation law contradicted the constitution, however the supreme law of the land is constitution and it should reign supreme. Because of this case John Marshall who was the Chief Justice established the power of judicial review. This was the power of the court not just to interprate the law or statute constitutionality but as well to carry out the process plus enforcing its decision.

This case is similar to the case of Martin v. Hunter's Lessee, 14 U.S. 304. 4 L. Ed. 97.1 Wheat. 304. 1818 U.S. LEXIS 333 (1816)[footnoteRef:1], where the issue was whether the U.S. Supreme Courts have appellate jurisdiction over state court decision involving law? The rule was 'YES'. This was according to Article III. Section 2, Clause 2, Of the U.S. Constitution. The fact was that the Virginia state enacted legislation at the time of Revolution war that provided the state with the authority to confiscate the British Loyalists. Hunter was offered a grant of land by the State. Martin held the land under Lord Thomas Fairfax devise. In terms of ejectment, the trial court gave judgment in support of Martin and it was reversed by the court of appeal.….....

Show More ⇣

     Open the full completed essay and source list


OR

     Order a one-of-a-kind custom essay on this topic


sample essay writing service

Cite This Resource:

Latest APA Format (6th edition)

Copy Reference
"Supreme Court Case Study" (2011, July 06) Retrieved April 28, 2024, from
https://www.aceyourpaper.com/essays/supreme-court-case-study-118178

Latest MLA Format (8th edition)

Copy Reference
"Supreme Court Case Study" 06 July 2011. Web.28 April. 2024. <
https://www.aceyourpaper.com/essays/supreme-court-case-study-118178>

Latest Chicago Format (16th edition)

Copy Reference
"Supreme Court Case Study", 06 July 2011, Accessed.28 April. 2024,
https://www.aceyourpaper.com/essays/supreme-court-case-study-118178
   

Open, View, and/or
Download this Document
order custom essay example