The Marbury VS. Madison Case

The Marbury VS. Madison Case (1803)
Name:
Instructor:
Date:

Marbury vs. Madison is debatably the most imperative case in the Supreme Court’s history. This was the first U.S.case in the supreme court to relate to the rule of the judicial review ,that is the power of the centralized courts to evade the Congress operating in divergence with the United States Constitution. This case’s ruling was made by then HYPERLINK "/wnet/supremecourt/democracy/robes_marshall.html"Chief Justice John Marshall, in the year 1803.This decision however played a very major part in detaching the Supreme Court which was a branch of the government on at the same level with the executive and Congress.(Gillon,2013)
There were however impediments with the facts surrounding the Marbury case. In the 1800 election, Thomas Jefferson’s Democratic - Republican Party defeated John Adam’s Federalist Party. This incident created an ambiance of political fright for the federalists. In his last days as president, Adams selected quite a number of peace justices for the District of Columbia whose appointed followed the required formal procedures. It was permitted by the senate, had the president’s signature and then attached with the official legislative seal. The commissions were however not delivered. When President Thomas Jefferson took to office in the year 1801, he instructed the state secretary, James Madison, not to convey the appointes.One of the appointees by the name of William Marbury then petitioned to the highest Court to get a legal order persuading James Madison to give reasons why he should not be commissioned.
Chief Justice ruled that since Marbury had been well chosen in agreement with the law procedures, he had the right to a legal order. He stated that ruling must give him a way forward. He went on to say that it was the meticulous court’s responsibility to defend the privileges of individuals even those against United States president. The Chief Justice in the end ruled that the Court could not grant t...