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The Renowned Case of Marbury vs Madison - Assignment Example

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This paper "The Renowned Case of Marbury vs Madison" focuses on the review of the case of Marbury v. Madison. The study significantly supports law students, scholars, and others involved in the judiciary system to gain comprehensive knowledge regarding the case. …
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The Renowned Case of Marbury vs Madison
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The Renowned Case of Marbury vs Madison Introduction The prime objective of the study is to review the renowned case of Marbury v. Madison. The study of the case significantly supports law students, scholars, and others involved in the judiciary system to gain comprehensive knowledge regarding the case, along with the Article III of the US Judicial System. The Article III of the Judiciary System suggests establishment of the Judicial Branches of the United States Federal Government (FindLaw, 2015). Besides, the study also contributes towards acquiring a rich understanding of Judicial Review in the context of the US Judiciary System. Moreover, it also evaluates the decision of John Marshall, the Chief Justice of the US Supreme Court regarding the case. The evaluation of this would lead to an understanding of the loopholes in the US Judicial System and improve the US Judicial System. Briefing on the Case a) Issue Presented In the case of Marbury v. Madison, there were certain issues that were presented to the court. In this regard, it is observed that the major issue raised was the right of Marbury to serve as the Justice of Peace after being appointed to the same post. Moreover, in this regard further issues are also presented regarding the infringement of Marbury’s right. Alongside, issues relevant to deal with such circumstances are also illustrated (FindLaw, 2015). b) Short Answer The case of Marbury v. Madison had led to the establishment of the Article III of the US constitution. The Article III suggests of the establishment of the Judicial Branches in the US Judicial System. Moreover, the case also suggests of the presence of James Madison, who had been the Secretary of State of the United States. Moreover, it is also important to note that the judgement of the case was drawn under John Marshall. John Marshall had been the Chief Justice of the US Supreme Court during the period of the case (FindLaw, 2015). c) The Facts of the Case The case of Marbury v. Madison began when William Marbury on 2nd March 1801was appointed as the Justice of the Peace in Columbia District in the US. During that period, it was the last days of John Adam as the President of the nation. Several others were also appointed in different posts, but their commission was not provided. The discontented candidates in this regard filed a case against the Congress (FindLaw, 2015). d) Summary of the Case Marbury v. Madison case is based on the Judicial Review of the Article III of the US constitution. The decision of the Supreme Court regarding the case distinguished and defined the boundary between the executives and the judiciary branches (FindLaw, 2015). The case of Malbury v. Madison began through the appeal from William Marbury to the Supreme Court of the US. In this regard, the prime issue from William Marbury of the validity of his designation as the Justice of the Peace in Columbia District. Marbury had been appointed as the mentioned designation under the Presidency of John Adams, who had been in the last days of his reign. It was also observed that Marbury along with several other candidates were selected at different posts in the departments of the US government. However, along with Marbury, the other candidates were also deprived from their designation after the presidency of John Adams. Marbury had also appealed the Secretary of State, Madison to deliver the necessary documents to the Supreme Court of the nation as evidence to secure his position as the claimant. However, Madison denied to handover the documents. In this regard, the then Chief Justice of the Supreme Court found Madison’s action to be illegitimate. The Chief Justice of the Supreme Court of the US had also found the appeal of Marbury to be reasonable. Moreover, the issue further aggravated when the applicant, Marbury brought the case to the US Supreme Court. It is worth mentioning that such action of Marbury is also unconstitutional according to the US Jurisdiction. Notably, the Judiciary Act of 1789 requires that before taking any case to the Supreme Court, the applicant, or the defendant is first required to make an appeal in the lower courts. Thus, grounded on the provisions of this Act, the Supreme Court of the US repudiated the appeal of Marbury and the court ruled against his position. Furthermore, the case also led to the establishment of the Article III of the US government. The Article III of US constitution suggests the establishment of the Judicial Branch of the US Federal Government (FindLaw, 2015; Ducat, 2012). e) Conclusion of the Case Outcome It is evident that the court rejected the petition of Marbury, which eventually resulted in the defeat of the applicant. Moreover, the judgment of the case also revealed the issue regarding the appointment of Marbury was unconstitutional. Thus, the court conjured that the appointment of Marbury together with other individuals who were appointed by President John Adams was invalid (FindLaw, 2015). Concept of Judicial Review In several nations, including the US there has been the concept of Judicial Review. This suggests of the review of a treaty, statute, or regulations undertaken by any of the administrative organization within the nation that violates the existing law. The concept of Judicial Review in the US has been scrutinized during the case of Marbury v. Madison. In this case, it is evident that Marbury had directly appealed to the Supreme Court of the US. Notably, Marbury did not appeal the case to the lower court of the nation and directly appealed to the Supreme Court. This action of Marbury had been unconstitutional according to the then Chief Justice of the Supreme Court, John Marshall. As a result of this, the appeal of Marbury was rejected and the court ruled against him. This case is one of the legendary instances that define the concept of the US Judicial Review (FindLaw, 2015; Ducat, 2012). The fundamental of establishment of Judicial Review in the US involves the introduction of the Judiciary Act of 1789 by the Congress. This has led to the establishment of the Federal Courts in the nation. However, it was until 1803 through the case of Marbury v. Madison that has led to the development of the Judicial Review. The case suggests the mandatory appealing to the lower court before the appealing to the Supreme Court (FindLaw, 2015). Moreover, later it is also asserted that the Supreme Court of the US would only review the decisions of the state courts. Furthermore, the Supreme Court of the US had also reviewed the activities of the Federal Executive Branch to determine the authority of the activities granted by the Congress. Subsequently, over the years the Judicial Review of the US became more stringent that lead to the development of effective Judiciary System in the US (Ducat, 2012). Interpretation of the Quote from Thomas Jefferson Thomas Jefferson, the 3rd President of the US had strongly opposed the Judiciary System that suggests the ultimate decision to be undertaken by the Supreme Court. In this regard, Mr Jefferson stated, “it is very dangerous doctrine to consider the judges as the ultimate authority of all constitutional questions”. The quotation was written to W.C. Jarvis in a letter on September 28, 1820. The quotation suggests of the supreme authority of the judges to judge on every situation and circumstances. He criticized that there is a possibility that some of the judges are honest. However, it cannot be interpreted that all the judges of the court are honest and would deliver unbiased decisions. Moreover, the lack of honesty in the decision of judges also leads to the encouragement of crime in the society. Thus, the doctrine regarding the supreme power of judges is highly dangerous for the society. However, Mr Jefferson also recommended the establishment of judicial review at each of the branches or departments of government enterprises for itself. This would lead to the reduction of biased and dishonest decisions regarding any issue (FindLaw, 2015; Palumbo, 2009). The prime rationale behind the interpretation of the quotation by Mr Jefferson is with regard to the establishment of a peaceful society. The interpretation of the quotation would lead to the reduction of biased and dishonest decisions. On account of such, there is a significant encouragement to the fairness in the society in every issue. This subsequently led to the generation of a peaceful society within the nation. Thus, the interpretation of the quotation of Mr Jefferson is of significant importance to the society (FindLaw, 2015; Palumbo, 2009). Usurpation of Power by John Marshalls John Marshall, who had been the Chief Justice of Supreme Court during the case of Marbury v. Madison in 1803, ruled against Marbury. John Marshall possessed the supreme power in the nation regarding any issue, including the case of Marbury v. Madison. In this regard, although, it was unconstitutional to file the case directly to the Supreme Court of the nation as performed by Marbury, but it cannot be denied that the claim made by him was based on reasonable ground. Marbury was appointed as the Justice of the Peace in Columbia District by President John Adam. However, Marbury could not finally execute his designation that he was appointed. In this regard, the quotation of Mr Jefferson suggested that the unfairness to Marbury is because of the supreme power of the Chief Justice of the US Supreme Court. This supreme power of the Chief Justice had led to the usurpation of his power. The ruling of John Marshall as a Chief Justice of the Supreme Court with regard to the case of Marbury had been an evidence of usurpation of power according to several scholars. Moreover, it is also observed that several scholars believed that the action of John Marshall as the Chief Justice of the US Supreme Court had been completely an act of dictatorship. They perceived that the decision of John Marshall was merely a perpetration of usurpation of power that had significantly affected Marbury to deprive of his rights (FindLaw, 2015; Slotnick, 1999). Review of Court Decision The case of Marbury v. Madison is a one of the legendary case of the US Judiciary System. In this regard, it is observed that the court decision was against Marbury and was not able to hold his appointed designation as the Justice of Peace in the Columbia District in the US. The prime reason for the decision of the US Supreme Court comprising of the Chief Justice, John Marshall was regarding the direct appeal to the Supreme Court. Marbury, in this regard had directly appealed to the Supreme Court without appealing to the State or lower Court. Marbury appealed to the State Secretary, Madison to deliver his documents regarding the appointment but Madison refuted his request. John Marshall on account of such action Marbury perceived it to be unconstitutional. This led Marbury to lose the case. However, in this context, several scholars have pointed out the decision of the court to be unfair to Marbury, who was deprived of his rights. It was also criticized by Thomas Jefferson, who has referred the Judicial Review to be a dangerous doctrine to the society (FindLaw, 2015; Dervort, 1999). Although several scholars in the US, along with Thomas Jefferson perceived that the Judicial System is highly dictating, still there is a significant development in the system from the course of time. It is observed that the US Judicial System at the present day context has Check and Balance System. In this regard, it is observed that the Executive Branch of the US checks on the activities of the Judicial Branch. Moreover, it is also observed that the Executive Branch of the US checks the activities of the Legislative Branch. It is also observed that the Legislative Branch of the US verifies the activities of the Executive Branch and Judicial Branch. Furthermore, it is also observed that the Judicial Branch of the US checks the activities of both Executive Branch and Legislative Branch. Thus, it is asserted that the US Government and the US Court has greatly improved the check and balance that exists among several government branches. This has led to the reduction of dishonesty among the judges in the US (FindLaw, 2015; Dervort, 1999). Conclusion It is evident from the study that the case of Marbury v. Madison is one of the legendary cases in the US Judicial System. In this regard, it is observed that Marbury was unable to secure his position as an applicant because of the direct appeal to the Supreme Court of the nation, which was believed to be unconstitutional to the Chief Justice, John Marshall. However, several of the scholars, such as Thomas Jefferson conceived the act of the Chief Justice as a usurpation of power. They perceived that the doctrine of Judicial Review is dangerous to the society. This is because they view that the judges appointed by the court could not be considered as completely unbiased and honest. In this regard, for the establishment of a Judiciary System that reduces the possibility of dishonest decisions by the judges several modifications are conducted. This led to the development and introduction of check and balance system. Accordingly, each of the branches of Federal Government verifies the activities of the other branches to ensure fairness in their practice. Fairness of practice plays an utmost role in the Judiciary System to ensure its integrity. Moreover, it also facilitates to ensure that appropriate decisions are upheld in the long run which can assure trust of the concerned entities upon the overall system. References Dervort, T. R. V. (1999). American Law and the Legal System: Equal Justice under the Law. New York: Cengage Learning. Ducat, C. (2012). Constitutional Interpretation. New York: Cengage Learning. FindLaw (2015). Marbury V. Madison, 5 U.S. 137 (1803). Retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=5&page=137 Palumbo, A. E. (2009). The Authentic Constitution: An Originalist View of America's Legacy. The United States: Algora Publishing. Slotnick, E. E. (1999). Judicial Politics: Readings from Judicature. The US: Rowman & Littlefield. Read More
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