Marbury v Madison

This essay is an in-depth review of the court case Marbury v Madison. In this case, the Supreme Court of the United States was asked to determine whether or not an act of Congress was constitutional. The court held that the act was unconstitutional and, in doing so, established the principle of judicial review. This essay will discuss the facts of the case, the arguments made by both sides, and the significance of the decision.

The case of Marbury v Madison began when William Marbury, a justice of the peace in the District of Columbia, filed a lawsuit against James Madison, the Secretary of State. Marbury had been appointed to his position by President John Adams, but his commission had not been delivered to him before Adams' term expired. Marbury sued Madison, arguing that under the Constitution, he was entitled to his commission.

The Supreme Court heard arguments from both sides and ultimately ruled in favor of Marbury. However, the court did not order Madison to deliver the commission to Marbury. Instead, the court held that the portion of the act of Congress that gave Marbury his commission was unconstitutional. This decision established the principle of judicial review, which is the power of the judiciary to declare laws or executive actions unconstitutional.

The significance of the Marbury v Madison decision cannot be overstated. Judicial review is a cornerstone of our system of government and has been used countless times to protect individual rights and liberties. The case also established the Supreme Court as a co-equal branch of government, capable of checking the power of the executive and legislative branches.

Madison, 5 U.S. 137 (1803), was a landmark United States Supreme Court case that established the principle of judicial review in the American system of constitutional law. The case arose from a dispute over whether William Marbury, as an appointed justice of the peace in the District of Columbia, was entitled to his commission. The court held that Marbury was not entitled to his commission, but that the portion of the act of Congress that gave him his commission was unconstitutional. In doing so, the court established the principle of judicial review, which is the power of the judiciary to declare laws or executive actions unconstitutional.

The case began when President John Adams appointed Marbury as a justice of the peace in the District of Columbia. However, Marbury's commission was not delivered to him before Adams' term expired. Marbury sued James Madison, the Secretary of State, arguing that under the Constitution, he was entitled to his commission.

The Supreme Court heard arguments from both sides and ultimately ruled in favor of Marbury. However, the court did not order Madison to deliver the commission to Marbury. Instead, the court held that the portion of the act of Congress that gave Marbury his commission was unconstitutional. This decision established the principle of judicial review, which is the power of the judiciary to declare laws or executive actions unconstitutional.