Marbury VS Madison

Nick

Arguments of the Two

Marbury Marbury sued for the delivery of his commission. Based his appeal on the Judiciary Act of 1789. Madison As the new Secretary of State, Madison shelved Marburys commission after Marbury was appointed Justice of the Peace.

Marshalls Ruling
John Marshall, the Head Supreme Court Justice at the time, dismissed Marburys suit. As Marbury based his appeal on the Judiciary Act of 1789, Marshall declared part of the act unconstitutional. Marshall declared that Congress did not have the power to change the Supreme Courts original jurisdiction. This led Marshall to dismiss the case.

The Results
The Judiciary Act declared that a Writ of Mandamus be delivered but this was found unconstitutional. Marbury was never made a Justice of the Peace.

Significance
Marshalls decision created a policy that had not existed to that date. With Marshalls ruling the policy of Judicial Review was established.

What is Judicial Review?

Judicial review is the power of the judicial branch to invalidate actions made by the legislative and executive branches.

Criticism
Thomas Jefferson originally disagreed with Marshalls ruling. Marshalls logic for Judicial Review has been argued heavily in history. Certain individuals say that the court was improper in examining any matters beyond jurisdiction.

 While some would argue to the contrary, Marbury v. Madison is the most important decision ever rendered by the Supreme Court. It asserted the Supreme Courts powers and labeled their jurisdictions. Without judicial review, the legal system of the United States would be much different.

Is Marbury V. Madison the most significant Supreme Court Case of all time?