...Case Brief Summary: Marbury v. Madison Robert L. Broadwater PAD 525 Strayer University Dr. O’Neal July 09, 2012 Summary of Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803). Facts The incumbent president Federalist John Adams was defeat in the presidential election by Democratic-Republican Thomas Jefferson. The day before leaving office, President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia. This was an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office. The commissions were signed by President Adams and sealed by acting Secretary of State John Marshall but they were not delivered before the expiration of Adams’s term as president. Thomas Jefferson refused to honor the commissions, claiming that they were invalid because they had not been delivered by the end of Adams’s term. William Marbury (Plaintiff) was an intended recipient of an appointment as justice of the peace. Marbury applied directly to the Supreme Court of the United States for a writ of mandamus to compel Jefferson’s Secretary of State, James Madison (Defendant), to deliver the commissions. The Judiciary Act of 1789 had granted the Supreme Court original jurisdiction to issue writs of mandamus “…to any courts appointed, or persons holding office, under the authority of the United States.” Ironically, John Marshall later became Chief Justice of the Supreme Court and...
Words: 1102 - Pages: 5
...Title and Citation : Marbury v. Madison, 5 U.S. 137 (1803) Facts: While it was still the Adams Administration, William Marbury was named and appointed to be a justice of the peace in the District of Columbia by John Adams within the last hours of the Adams Administration. Adams had also made other appointments before the Administration changed to Jefferson’s name. The appointments were acknowledged and accepted by the Senate, but due to an oversight Adam's appointments, (42 new justices of the peace as well as 16 circuit judges), did not go through and were not delivered. When Jefferson became president, James Madison who was Jefferson's secretary of state, denied Marbury's appointment as well as the other appointments. In response to this denial, Marbury, as well as three others who also were denied appointments, decided to fight and petition for a writ of mandamus, in an effort to have their appointments be delivered. This case specifically focuses on Marbury. Laws at Issue: Article I Section VIII Clause 17,Article III Section II and The Judiciary Act of 1789...
Words: 540 - Pages: 3
...Citations: Marbury v. Madison, 5 U.S. 137 Parties: William MARBURY, et al., Plaintiffs, Appellants v. James MADISON, Defendant Appellees Objectives Of Parties: The appellants (Marbury) filed against President Thomas Jefferson’s Secretary of State, James Madison, seeking a mandamus directing the delivery of the commission signed by ex-President John Adams, which appointed William Marbury as the justice of the peace of the District of Columbia. The appellee has declined to deliver the commission. Theories of The litigation: 1. Appeal: The appellants contend that the Supreme Court can, in any case, issue a write of mandamus. That it the aforementioned writ can, in any case, be directed to the secretary of state, and that, in this case, the supreme court should issue a writ of mandamus directed to James Madison....
Words: 505 - Pages: 3
...Andrea Montes Marbury vs. Madison (1803) Throughout this paper you will understand the original crime and why this issue is being appealed. Also there will be an explanation on how the Supreme Court justified the verdict. Towards the end you will find out the result of this court case and my opinion on whether it was fair for either Marbury or Madison. To start it off this case mainly focuses on how there was a unconstitutional move or act during the process. And it explains who and what Marbury and Madison did in this case. President John Adams lost his reelection against Thomas Jefferson, a Republican. Federalist lost control of congress before the new President (jefferson) and Congress took office, although , President John Adams and his Federalist Party still had control over congress. President John Adams signed forty-two justices of the peace and sixteen new circuit court justices under the Organic Act, an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office. Commissions are supposed to be turned in before the...
Words: 720 - Pages: 3
...Case Brief: Constitutional Law Name of case and date: Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803). Parties: Appellant – William Marbury; Appellee – James Madison Procedural history: The case went directly to the Supreme Court Facts: William Marbury was one of the 42 people who President John Adams named as justices of the peace on the last night of his presidency. Marbury included all of the documentation that he needed to be appointed as a justice of the peace. However, Secretary of state John Marshall failed to give Marbury his commission. After Jefferson took office, he ordered his Secretary of State, James Madison, to not deliver the commission. With the power of the Judiciary act of 1789, Marbury decided to sue, asking the Supreme Court to issue a writ of mandamus in order for Madison to deliver the commission. Issue: 1. Does the applicant have the right to commission, as he demands? 2. If he has a right, and that right has been violated, do the laws of his country afford him a remedy? 3. If they do afford him a remedy, is it a mandamus issuing from this court. Holding: 1.Yes, Marbury has the right to the commission 2. Yes, the law grants Marbury a remedy. 3. No, the Supreme Court cannot issue a mandamus because the grant of power is unconstitutional. Rule of law: Article III of the U.S. Constitution: Has the power to regulate appellate jurisdiction but not original jurisdiction Reasoning: 1) Marbury has the right to...
Words: 409 - Pages: 2
...relying on the language. When we’re construing the Constitution, we’re looking at words. Those are the building blocks of the law. Language is vitally important — whether it’s a lawyer arguing a case and trying to explain his position, whether it’s a legislator writing a law, whether it’s a judge trying to construe it. Another point is people develop a lot as a writer the more they read. And so whenever John Roberts has a lot of time to read, he improved a good bit as a writer. Roberts reads a lot, as other people do, of course, in high school and college. And the interesting thing is, people lose a lot of writing ability when they get to law school because you tend to read a lot of stuff that isn’t that well written. And you tend to stop reading other stuff that is well written because you don’t have time. Focused on some badly written cases from whenever or some badly written laws, first of all, and you’re not reading anything good. So you tend to start writing not as well as you might have earlier. Maybe law students ought to make sure they have time to read good things apart from the law throughout law school. Roberts talks a lot about the importance of being clear in your writing and to know what you are talking about. Surround yourself with all the raw materials — the record in the case, the important precedents, the statute, and the regulations — and put it all there. Tend to try to write up a little outline of thoughts. At one point, ideally, it kind of crystallizes to — this...
Words: 1407 - Pages: 6
...order to fully understand how gauge whether a Supreme Court case is impactful, it is necessary to understand the types of Supreme Court cases that make up the majority of cases. According to Hall, the Supreme Court has roughly five limited functions; these are “regime enforcement, division of labor, overcoming gridlock, blame avoidance, and legitimation.” These functions are important to understand to really classify a Supreme Court case as truly important. For most people, who do not know history very well, it can be hard to understand how a case tried over 200 years impacts their life today. In the cases succeeding Marbury V. Madison (the first case to use a process known as Judicial Review) we can see these functions being exercised and develop over time....
Words: 846 - Pages: 4
...Plaintiff (254) Defendant (254) Federal jurisdiction (255) U.S. district courts (255 – 256) U.S. circuit court of appeals (256) U.S. Supreme Court (256) Original jurisdiction – A defined set of cases that avoids a lower court and goes directly to the supreme court. Appellate jurisdiction (256) Judicial Powers and Limitations (256 – 261) Judicial review –The power of a court to overturn a law or official government action because it is deemed unconstitutional. Marbury v. Madison (257) Judicial restraint (258) Judicial activism –A conception of judicial review that believes courts should overturn laws or government actions even if there is no clear constitutional directive. Standing (260) Precedent – a principle articulated in a previous case that judges use to decide current cases. Judicial selection (261 – 267) Senatorial courtesy – The practice whereby a president consults with senators in his party to find potential lower court vacancies that occur in the senator’s states. Measuring Equality: Presidents’ Records of Minority Judicial Appointments to the Lower Federal Courts (265) Decisionmaking On the Supreme Court (268 – 272) Brief (268) Amicus curiae (friend of the court) briefs – briefs filed by parties that have an interest in the outcome of a case but are not directly involved in it. Oral...
Words: 340 - Pages: 2
...Law and Politics 9/2/15 Office hours 10-11 Monday and Wednesday Hickman 411 What is law- set of rules made by government and enforced by government 4 Institutions that make Laws 1. Legislative Bodies (Ex. Congress, State Legislators, City council) Statutory Law 2. Courts/Judges- Set precedent by ruling: Common Law 3. Executive Branch: bureaucracy/administrative agency Administrative Law 4. Constitutional Law 9/4/15 Constitutional law-makes rules for govt Has gone largely unchanged Blueprint Creates and limits govt Fundamental law that sets up rules for how other kinds of laws can be made What isn’t in the Constitution? Democracy Separation of church and state Right to privacy Right to education One-person one vote Political parties God Articles of Confederation -1777 Loose association States retain sovereignty One house Congress Every state one vote Needed 9 to pass Couldn’t tax Problems Congress little power No taxes State sovereignty Own paper money States could sign foreign treaties No natl army No executive No national courts Shays Rebellion Final spark for constitutional convention Constitutional Convention Philly 1787 Signed in Sept 39 out of 55 delegates Undemocratic Elements Slavery: 3/5ths compromise, no ban on slave trade till 1808 Fugitive Slave clause article IV, fed govt helps slates put down insurrections Senators chosen by state legislators No right to suffrage. Qualifications left...
Words: 3907 - Pages: 16
...Kaitlyn Boggs POSC 311 Professor Fox Mon 6:30 – 9:15 PM Case Brief: Marbury v. Madison Case Name and Citation: Korematsu v. U.S., 323 U.S. 214 (1944) Facts: A Japanese American who resided in California stayed in the state after the Civilian Exclusion Order No. 34 was enacted. This order was put into place to keep Japanese citizens out of military areas during time of war after the Pearl Harbor attacks. This Japanese American was convicted in a Federal District Court where the Circuit Court of Appeals affirmed the decision and The Supreme Court chose to grant certiorari to examine the constitutionality of the order because of its racial contents. The Japanese American involved was aware of the order in place and he was aware that he was violating this order which came from the Executive Order No. 9066 of the president after the Pearl Harbor attacks. Issue: Whether it is constitutional for Congress and the president to exclude Japanese people from certain areas within their war powers. Rule: The Supreme Court ruled that it is constitutional for...
Words: 513 - Pages: 3
...of Appeals, Trade Court, U.S. Court of Appeals for the Federal Circuit) 3. Courts with narrow jurisdiction 4. Constitutional issues – wide variety of cases High seas U.S. officers One of the 50 states A foreign government Citizens of different states 5. Presidential appointment, for life, approved or rejected by Senate 6. To hear and decide cases 7. Life 8. 8-15 years 9. Power of the federal courts alone to hear certain cases 10. Power shared by the federal and state courts to hear certain cases 11. In civil law, the party who brings a suit or some other legal against another in court 12. In a civil suit, the person against whom the plaintiff brings a court action 13. The power of a court to hear a case first before any other court 14. The authority of a court to review decisions of inferior courts 1.Number of Courts: 94 Number of Judges: 642 Types of Case: Criminal and Civil 2. Number of Courts: 12 Number of Judges: 179 Types of Cases: Hear appeals from district court 3. Number of Courts: 1 Number of Judges: 9 Types of Cases: Constitutional 4. Number of Courts: 1 Number of Judges 9 Types of Cases: hears civil cases arising out of tariff and other trade related issues 5. Number of Courts: 1 Number of Judges 12 Types of Cases: certain kinds of civil cases 6. Article III of the Constitution states the basis for the federal court system while the 50 states and U.S. territories. They are divided geographically ...
Words: 521 - Pages: 3
...currently has eight associate justices; this number can be fixed by Congress. The Supreme Court has a mission statement that states "The Supreme Court is the highest tribunal in the nation for all cases and controversies arising under the Constitution or the laws of the United States. The Court stands as the final arbiter of the law and guardian of constitutional liberties." It is the highest federal court in the United States and has jurisdiction over all federal courts and state courts. Who are the current members? Provide a brief summary of each. John G Roberts Jr.; Chief Justice. From Buffalo, New York, and born on January 27 of 1955, thus making him sixty years old. He attended Harvard University; he received his bachelor's degree in 1976 and his JD in 1979. He has had much experience in law, from assisting law, associate to various presidents, such as Ronald Reagan, to the US Department of Justice. He was nominated by former President George W. Bush to be Chief Justice; he has currently been active since September 29, 2005. Antonin Scalia; Scalia was born in Trenton, New Jersey. He was born on March...
Words: 846 - Pages: 4
...1- INTRODUCTION: A Constitution consists of those fudamental rules which determine and distribute functions and powers amoung the various organs of the Government, as well as determine the relations of the governing authroties with the people. The Constitution of the U.S. sets forth the nation's fundamental laws and is the Supreme Law of the land. 2- SALIENT FEATURES OF U.S. CONSTITUTION: Following are the Salient features of U.S. Constitution. (I)WRITTEN: American Constitution is in written form. It is very brief Constitution, originally consisted of preamble and seven Article but now 26 amendments have been made in it. (II)ENACTED: U.S. Constitution is and enacted constitution given by the convention in Philadephia and officially adopted on March 4, 1789. (III)SOVERIGNTY OF THE PEOPLE: the preamble of the U.S. Constitution laid emphasis on the sovereignty of the people. It starts with the words. "We the people of the United States". Which clearly indicated the soverignty of the people. (IV)SUPREMACY OF CONSTITUTIONAL LAW: The Constitution of U.S. is the basic law of the country to quote Constitution itself. "This Constitution and the laws of the United States which shall be made in pursuance there of ............ shall be the Supreme Law of the land. (V)CONVENTIONS: Conventions played an important role in the development of the Constitution and they are also the basic featur of the U.S. Constitution e.g. the growth of the cabinet of the American President is the...
Words: 1171 - Pages: 5
...The Supreme Court of the United States was created in 1789 by Article III of the Constitution. A key precedent of the Court was established in 1803 through the case of Marbury v. Madison. Since then the Court has ruled on the constitutionality of laws throughout the United States. Two more recent landmark cases are Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. These cases focused on women’s reproductive rights, such as abortion and a state’s rights to restrict abortions based on the constitutional rights. Roe v. Wade took place in the early 1970’s. The 1960’s were a time of hippies, peace and “flower power.” Going into the 1970’s women were demanding respect and equal rights. (“Roe v. Wade.” United States History) Norma McCorvey, also known as...
Words: 1217 - Pages: 5
...Chapter 11 - The Triumphs and Travails of Jeffersonian Republic I. Federalist and Republican Mudslingers 1. In the election of 1800, the Federalists had a host of enemies stemming from the Alien and Sedition Acts. 2. The Federalists had been most damaged by John Adams’ not declaring war against France. * They had raised a bunch of taxes and built a good navy, and then had not gotten any reason to justify such spending, making them seem fraudulent as they had also swelled the public debt. * John Adams became known as “the Father of the American Navy.” * Federalists also launched attacks on Jefferson, saying that he had robbed a widow and her children of a trust fund, fathered numerous children with his slaves (which turned out to be true), called him an atheist (he was a Deist), and used other inflammatory remarks. II. The Jeffersonian “Revolution of 1800” 1. Thomas Jefferson won the election of 1800 by a majority of 73 electoral votes to 65, and even though Adams got more popular votes, Jefferson got New York. But, even though Jefferson triumphed, in a technicality he and Aaron Burr tied for presidency. * The vote, according to the Constitution, would now go to the Federalist-dominated House of Representatives. * Hateful of Jefferson, many wanted to vote for Burr, and the vote was deadlocked for months until Alexander Hamilton and John Adams persuaded a few House members to change their votes, knowing that if ...
Words: 2775 - Pages: 12
