Marbury vs Madison

To up hold the precedent already established in the united states by Federalists such as Washington and in fear of the Democratic republican ideas of Jefferson, Adams was determined to keep the federalists in office. John Marshall, Chief Justice, appointed by Adams despised Jefferson and sought to undermine his power and authority, which he felt was unjust. The only other option was to surrender to Jefferson, which was not a choice for Marshall, but he found a way out, giving him the title “Founder of Constitutional law”.

This idea of judicial review initiated by Marshall has become the most distinguishing trait of the American constitutional system and a precedent of power in the judicial system today. His only option stood to either issue the writ requested by Madbury, which was an act of contempt toward the executive branch, which might end in the impeachment of Marshall and reduce the prestige and authority of the Court. ” He backed up this idea when he suggested that “it was the duty of the judicial department to define what law was” and that they had a right to null any law that was unconstitutional, thus section 13 failed to exist and writ could not be issued.

William Madbury, feeling he had a right to his position of Justice of Peace, asked the Court to issue an order forcing Madison to appoint Marbury, whose commission he was with holding in order to replace him with a Republican.

With the Jeffersonians boycotting the hearing, Marshall was thrown into a position that would shape the future power of the Supreme Court. Jeffersonians then attempted to obstruct the truth and sly away from responsibility, ultimately not facing up to the accusations of with holding viable commissions, and a sending the supreme court into a round about investigation, in which officials refused to testify and failed to appear before the court. Jefferson would have power over congress, but in a “midnight appointment”, Adam’s last day in office he created a “judiciary with a stronghold of Federalism”. Marshall was determined to assail upon Jefferson and used this case as an excuse, especially because of the abolition of the circuit courts and the postponement of the next Supreme Court hearing, to by time. A few technicalities derived into a failure to deliver the commissions and therefore once discover by Jefferson who saw them as a judiciary of “ardent political leaders,” they were kept from delivery. Jefferson, wanting control appointed some of his own judges, and attempted to abolish the jobs of the new circuit judges, of the few whom received their commission. Marshall demanded an explanation why such a writ should not be ordered, thus attempting to assort authority over the Executive Branch.