Question

Write the correct terminology and legal issue for madison V. Marbury?

Answer 1

Politics in 1800 were contentious.Thomas Jefferson and his political party, the Democratic REpublican had soundly beaten John Adams, a Federalist in the presidential election of 1800. Before moving out Adams and his party tried to expand the judicial branch and appoint Feseralists to administrative and judicial positions, which would allow them to retain some power. Adam was able to appoint most of these newly created judicial positions, including the new Chief Justice John Marshall. After Jafferson's inaugration, he instructed his Secretary of States, James Madison to not serve the commissions, he wanted as few federalist judge as possible. William Marbury sued James Madison in response to not being served his commission for justice of the peace of Washington, D.C. Marbury requested the U.S. Supreme court issue a writ of mandamus to force Madision to deliver the commission. Awrit of mandamus is a court order for a government official to fulfill their obligation under the law. Whether the Supreme court could grant a writ of mandamus and force Secretary of States James Madison to deliver the commission, justice marshal decided it considering three questions- 1) Did Marbury have a right to the commission? 2) was a writ of mandamus the proper remedy 3) did the supreme court have the right to issue such a mandamus.

having decided that marbury had the right to the commission, Marshall next turn to the question of remedy and decided that marbury had a cinsequent right to the commission. for the third question he declared that the court had no power to issue such a writ, because the relevant provision of the act was unconstitutional. he argued section 13 of juridiciary act of 1780 was inconsistent with article III section 2 of the constitution which states that the supreme court shalll have oridinal juridiction in all cases affecting ambassadors public ministers and counsuls. in thus surrendering the power derived from 1789 statue marshall gained dor the court a far more significant power, that of judicial review.