Marbury vs Madison

A detailed Summary of Marbury vs Madison

As the government was newly establishing its stronghold on the nation, forging its way to a powerful republic and instituting precedents for the future, a struggle to preserve the foundations of American Society instituted by Washington and John Adams existed as Thomas Jefferson took office. In an attempt to maintain the "edifice of the National Government" believing Jefferson would topple the prestigious nation with his atheist views, Adams appointed various Federalists to the judiciary. Thus, attributing to the single most significant case of the Supreme Court, Marbury Vs. Madison, a struggle between Republicans and Federalists that would end in a future altered by fate. This controversial landmark case established the constitution as "Supreme law" of the United States and developed the power of the Supreme Court, enhancing its independence and proving it a nonpartisan instrument. It established the precedent for the Supreme Court to rule on the constitutionality of laws, through the principle of judicial review. The development of this power to interpret the constitution instituted the flexibility of the constitution and the ability to forge a road of precedent unfamiliar to the new government, as well

With the Jeffersonians boycotting the hearing, Marshall was thrown into a position that would shape the future power of the Supreme Court. His only option stood to either issue the writ requested by Madbury, which was an act of contempt toward the executive branch, which might end in the impeachment of Marshall and reduce the prestige and authority of the Court. The only other option was to surrender to Jefferson, which was not a choice for Marshall, but he found a way out, giving him the title "Founder of Constitutional law".

Marbury was entitled to his commission and the acts of Madison were a violation of the law, but the Supreme Court could not authorize a writ, for it wasn't in their power. Marshall backed this weak argument up with section 13 of the Judiciary Act of 1789, in which he stated "the court could not issue mandamus except on cases that came to appeal from lower courts, and this case was directly originated from the Supreme Court." He backed up this idea when he suggested that "it was the duty of the judicial department to define what law was" and that they had a right to null any law that was unconstitutional, thus section 13 failed to exist and writ could not be issued. Therefore Marshall managed to disparage his enemies and escape impeachment, as well as established new authority in the Supreme Court, and introduce the idea of judicial r

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Approximate Word count = 921
Approximate Pages = 4 (250 words per page double spaced)

Category: History