Marbury v. Madison
Facts of the case
What were the circumstances of Marbury v. Madison in 1803? Why do some scholars and historians refer to Marbury v. Madison as among the most important cases to ever come before the United States Supreme Court? This paper covers the issues surrounding this case, presenting the facts and scholarship relating to the case as well.
Facts of the case
This was the first case to reach the Supreme Court in which the principle of "judicial review" was used. The judicial review concept came into play because the federal courts for the first time utilized their power to overrule legislation by Congress that went against the United States Constitution. The election of 1800 the Federalists (John Adams' party) were defeated by the party led by Thomas Jefferson, the Democratic-Republican party. This led to what the Public Broadcast Service (PBS) explains was an "atmosphere of political panic for the lame duck Federalists" (McBride, 2006). And so with just a few days left in his presidency, John Adams decided to pull a power play, and he appointed "a large number of justices of peace for the District of Columbia" (McBride, p. 1). The commissions of those justices were approved by the United States Senate, and they were signed by Adams, who stamped the "official seal" of the U.S. Government on them.
TWO: Issues of the case
While Adams did indeed put the seal of the U.S. Government on the commissions, they were not all delivered, as incoming President Jefferson (who was inaugurated...
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