discuss the political environment leading to the court's decision in Marbury v Madison (1803). How did Chief Justice john marshall secure the power of judical review?
How would you like us to help you with this assignment?
i don't even know where to begin?
Have you Googled Marbury v Madison (1803)?
yes
The political environment leading to the court's decision in Marbury v Madison in 1803 was influenced by the intense rivalry between two political parties in the United States at that time: the Federalist Party and the Democratic-Republican Party.
To understand how Chief Justice John Marshall secured the power of judicial review, it is important to delve into the background and events leading up to the Marbury case. Here's a step-by-step explanation:
1. Appointment of "Midnight Judges": In the final days of his presidency, Federalist President John Adams passed the Judiciary Act of 1801. This act created new positions in the federal judiciary and allowed Adams to appoint a series of Federalist judges, known as the "Midnight Judges" because many of the appointments were made literally on the last day of Adams' presidency.
2. Failure to Deliver Commissions: One of these appointments was William Marbury as a justice of the peace in the District of Columbia. However, Marbury's commission had not been delivered before Thomas Jefferson, a Democratic-Republican, assumed the presidency.
3. Jefferson's Instructions to James Madison: Jefferson and his Secretary of State, James Madison, instructed him not to deliver the commissions of the appointed judges, including Marbury, believing that these last-minute appointments were politically motivated and intended to secure Federalist influence in the judiciary.
4. Lawsuit: Marbury sued Madison directly to the Supreme Court, seeking a writ of mandamus (a court order to compel an official to perform a duty) to force Madison to deliver his commission.
5. Chief Justice John Marshall's Decision: Chief Justice John Marshall, a Federalist and skilled legal strategist, wrote the unanimous opinion of the Court. Marshall's decision focused on the question of whether the Supreme Court had the power to issue a writ of mandamus to Madison. Importantly, Marshall used this case to establish the principle of judicial review.
6. Marshall's Rationale for Judicial Review: Marshall's ruling stated that the Judiciary Act of 1789, which gave the Supreme Court the power to issue writs of mandamus, was unconstitutional. In doing so, he reasoned that Congress could not expand the Court's jurisdiction beyond what was outlined in the Constitution itself. This decision was crucial as it granted the Supreme Court the power to declare acts of the legislative and executive branches unconstitutional, establishing the principle of judicial review.
7. Impact and Legacy of Marbury v Madison: Marshall's decision in Marbury v Madison is widely regarded as one of the most important in Supreme Court history. It established the Court as the ultimate arbiter of the Constitution, with the power to interpret and invalidate laws enacted by Congress or actions taken by the President if they were found to be unconstitutional. This decision solidified the independence and power of the judiciary and was an essential element of checks and balances in the U.S. government.
In conclusion, Chief Justice John Marshall secured the power of judicial review in the landmark case of Marbury v Madison by establishing the principle that the Supreme Court has the authority to declare acts of Congress or executive actions unconstitutional. His decision in this case shaped the role of the judiciary in the United States and has had a lasting impact on American constitutional law.