Saturday, May 4, 2019

Marbury v. Madison Essay Example | Topics and Well Written Essays - 1250 words

Marbury v. Madison - Essay ExampleIn the confusion of changing from the Adams face to the Jefferson court Marburys delegation was not salvageed. Madison, following Jeffersons orders, did not deliver the commission notwithstanding withheld it from Marbury because he was a Federalist. The commission was signed by Adams and all was in order except the commission was not delivered. Marbury was denied his commission and prevented from becoming a Justice of the Peace in Washington.At the time of the Jefferson administrations refusal to deliver the commission to Marbury the arrogant Court had been appointed but was a relatively weak institution. John marshal (a Federalist and cousin to Jefferson) was the Chief Justice and was appointed by Adams during his administration. Although Jefferson was Marshalls cousin, both disagreed greatly when it came to politics. Jefferson was a Democratic Republican while Marshall was a Federalist. So, it was assumed that when Marbury brought his case to the commanding Court he would receive a ruling that, influenced by a Federalist, would benefit him.William Marbury did bring his case directly to the Supreme Court and requested a ruling that included a Writ of Mandamus which forces a government activity official to follow through with official duties and, in this case, deliver the commission. Marshall was in a stumper predicament as he needed to deliver a fair ruling but knew that the Supreme Court had little power. Jefferson could have possibly ignored a ruling that did not benefit his administration further degrading the power of the Supreme Court. Marshall was tasked with answering three questions (from Supreme Court Cases The ever-changing Court)With these questions in mind Marshall deliberated with the court and then delivered the unanimous ruling of the Court. The ruling was given on February 24th of 1803. The ruling concluded that Jefferson and Madison were wrong in denying Marbury the commission as Marbury had a right on to the job as

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.