Question

A 300 word report on Marbury v Madison and why it was important historically.

Answer 1

Marbury vs. Madison :-

Facts of the case :-

Thomas Jefferson overwhelmed John Adams inside the 1800 presidential political race. Before Jefferson set to work on March 4, 1801, Adams and Congress handed the Judiciary Act of 1801, which made new courts, covered adjudicators, and gave the president more authority over association of judges. The Act changed into essentially an undertaking by Adams and his accumulating to disappoint his successor, as he applied the demonstration to delegate 16 new circuit judges and 42 new judges of the harmony. The deputies had been affirmed by way of the Senate, however they would no longer be legitimate till their bonuses have been conveyed with the aid of the Secretary of State.

William Marbury had been named Justice of the Peace in the District of Columbia, however his bonus changed into no longer conveyed. Marbury appealed to the Supreme Court to propel the brand new Secretary of State, James Madison, to bring the records. Marbury, joined via 3 other likewise arranged nominees, requested of for a writ of mandamus convincing the conveyance of the commissions.

Significance of the case :-

The Court observed that Madison's refusal to convey the commission turned into unlawful, but did not structure Madison at hand over Marbury's bonus via writ of mandamus. Rather, the Court held that the association of the Judiciary Act of 1789 empowering Marbury to hold his case to the Supreme Court was itself unlawful, since it implied to broaden the Court's specific purview beyond that which Article III, Section 2, built up.

Marshall prolonged that a writ of mandamus changed into the first-class possible approach to search for a cure, but completed up the Court couldn't provide it. Marshall pondered that the Judiciary Act of 1789 clashed with the Constitution. Congress didn't have capability to adjust the Constitution through normal enactment since Supremacy Clause puts the Constitution underneath the watchful eye of the laws.

In so holding, Marshall built up the rule of thumb of criminal audit, i.E., the ability to announce a regulation illegal.