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Marbury v. Madison (1803) 5 U.S. 137, 2 L.Ed.60
By Mykalyn Koot and Maria Rodrigues-Ferreira
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Constitutional Issue Marbury v. Madison was a Supreme Court case that confirmed the judicial review principle in the United States pointing that American courts have the power to strike down laws and government actions that go against the U.S. Constitution.
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Parties Involved Two of the presidents, George Washington and John Adams , appointed only the Federalist Party members to administration and judiciary positions. President Adams proceed to rapidly fill the judiciary bench with members of his own party.
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Case Happen The case started on February 24, It took place on the Supreme Court in the Washington County in the District of Columbia.
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Events leading up before the Supreme Court
March 2, President John Adams submitted forty-two judicial appointments to the Senate, including William Marbury to be justices of the peace in the District of Columbia. Marbury's name was misspelled as Marberry in the Senate Executive Journal. March 3, The Senate confirmed all forty-two judicial appointments submitted by Adams the previous day, including Marbury's. January 28, The petition of William Marbury, Robert Townsend Hooe, and Dennis Ramsay "praying that the Secretary of the Senate may be directed to deliver them a certified copy of their nominations to be justices of the peace for the counties of Washington and Alexandria" was presented and read by the Senate. January 31,1803- The Senate took into consideration the motion made on January 28th, "That the Secretary of the Senate be directed to give an attested copy of the proceedings of the Senate of the 2d and 3d of March, 1801, so far as they relate to the nomination and appointment of William Marbury, Robert T. Hooe, and Dennis Ramsay, as justices of the peace for the counties of Washington and Alexandria, in the territory of Columbia, on the application of them or either of them." The Senate denied Marbury's petition by a vote of 13 yeas and 15 nays.
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Courts heard about this case
The first place involved in the case was the Senate, after the issue passed over the senators, it went straight up to the Supreme Court duo the major importance of the case.
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What was happening in the world that this case needed to be tried?
When the time President John Adams was about to leave, so afraid of his political party lose a important piece on the government he nominated 42 judges right before leaving his position so that his party could out-rule the incoming President, Thomas Jefferson. So this case was important so that the judges would have the power to bring up laws and also knock them down considering that opposite parties were in power.
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Supreme Court’s decision
If the court issued the the writ of mandamus, Jefferson could simply ignore it, because the court had no power to enforce it. If, on the other hand, the court refused to issue the writ, it would appear that the judicial branch of the government had to backed down before the executive, and that Marshall would not allow. The solution he chose has properly been termed a tour de force. Marshall managed to establish the power of the court as the ultimate arbiter of the Constitution and the Jefferson administration was forced to fail to obey the law.
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Opposing viewpoints The opinions of the court were pretty similar, the majority agreed that the right to interfere on actions that will affect the population is more than necessary to be taken also by the Judicial power. Few disagreed saying that this would put personal interest but the final decision was for the Judicial Power side.
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How do you feel about the ruling?
I feel about the ruling is that there was a lot of stress, which there were a lot of events that led up to this case. This was the important case because the judges would have the power to bring up laws and also knock some out. That the Supreme Court’s decision was as simple as a chance to either ignore it or refuse to issue the writ. The strike down that happened back then was a different thing to strike down than it is today.
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