Marbury V. Madison
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Brigitte Janella Pagdilao
Mr. Caserta
AP Civics, Period 1
November 18, 2014
Briefing A Case:
Marbury v. Madison
1. In the election of 1800, the newly organized Democratic-Republican party of Thomas Jefferson defeated the Federalist party of John Adams. In the final days of his presidency, Adams appointed a large number of justices of peace for the District of Columbia whose commissioners were approved by the Senate, signed by the President, and affixed with the official seal of the government. The commissions were not delivered however and when President Jefferson assumed office, he ordered his Secretary of State, James Madison, not to deliver them. Then, William Marbury, one of the appointees, the petitioned the Supreme Court. The case of Marbury v. Madison began on March 2, 1801.
2. When Thomas Jefferson assumed office and ordered James Madison, his Secretary of State, to not deliver the commissions from Adams presidency. William Marbury, one of the appointed justices of peace for the District of Columbia then petitioned the Supreme Court for a judicial remedy, which compelled Madison to show cause as to why he should not receive his commission.
3. To resolve this case, Chief Justice John Marshall answered three questions: 1) Did Marbury have a right to the writ for which he petitioned? 2) Did the laws of the U.S allow the courts to grant Marbury such a writ? 3) If it did, could the Supreme Court issue such a writ?
4. James Madison won this case.
5. 1) Marshall ruled that Marbury had been properly appointed in accordance with procedures established by law, and that he therefore had the right to the whit.
2) Because Marbury had a legal right to his commission, the law must afford him a remedy.
3) Marshall addressed the question of judicial review. Chief Justice ruled that the court could not grant the writ because Section 13 of the Judiciary Act of 1789, which granted the right to do so, was unconstitutional in so...
Mr. Caserta
AP Civics, Period 1
November 18, 2014
Briefing A Case:
Marbury v. Madison
1. In the election of 1800, the newly organized Democratic-Republican party of Thomas Jefferson defeated the Federalist party of John Adams. In the final days of his presidency, Adams appointed a large number of justices of peace for the District of Columbia whose commissioners were approved by the Senate, signed by the President, and affixed with the official seal of the government. The commissions were not delivered however and when President Jefferson assumed office, he ordered his Secretary of State, James Madison, not to deliver them. Then, William Marbury, one of the appointees, the petitioned the Supreme Court. The case of Marbury v. Madison began on March 2, 1801.
2. When Thomas Jefferson assumed office and ordered James Madison, his Secretary of State, to not deliver the commissions from Adams presidency. William Marbury, one of the appointed justices of peace for the District of Columbia then petitioned the Supreme Court for a judicial remedy, which compelled Madison to show cause as to why he should not receive his commission.
3. To resolve this case, Chief Justice John Marshall answered three questions: 1) Did Marbury have a right to the writ for which he petitioned? 2) Did the laws of the U.S allow the courts to grant Marbury such a writ? 3) If it did, could the Supreme Court issue such a writ?
4. James Madison won this case.
5. 1) Marshall ruled that Marbury had been properly appointed in accordance with procedures established by law, and that he therefore had the right to the whit.
2) Because Marbury had a legal right to his commission, the law must afford him a remedy.
3) Marshall addressed the question of judicial review. Chief Justice ruled that the court could not grant the writ because Section 13 of the Judiciary Act of 1789, which granted the right to do so, was unconstitutional in so...