Sample Essay on:
Marbury v. Madison of 1803

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This 3 page report discusses the historic Supreme Court case of the early 19th century (1803) which has, for the past two centuries, served as a definitive component of American law. Marbury versus Madison was the case that decided that it was possible, appropriate, even necessary for the Supreme Court to have the ability to declare a particular law as being unconstitutional. Bibliography lists 3 sources.

Page Count:

3 pages (~225 words per page)

File: D0_BWmarbur.rtf

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the past two centuries, served as a definitive component of American law. Marbury versus Madison was the case that decided that it was possible, appropriate, even necessary for the Supreme Court to have the ability to declare a particular law as being unconstitutional. It serves, without question, as one of the foundation cases of American law. To put it in the most simplistic of terms, the "case" involved a disputed appointment made by an antecedent of James Madison, the then-Secretary of State. The Supreme Court determined that an act of Congress that can be determined to be in conflict with the U.S. Constitution was meaningless and that is was both the obligation and function of the Court to determine when such conflicts occur exists. William Marbury and James Madison Landman (2002) describes William Marbury as being: "... part of another wave of midnight appointments -- one of the forty-two justices of the peace nominated and confirmed for service in the District of Columbia in the final four days of [John] Adamss term" (pp. 400). He goes on to explain the ways in which the changes that took place in the opening years of the 19th century. Landman explains that: "Thomas Jefferson and his Republicans had just defeated Adams and the Federalists in the 1800 elections" (pp. 400). As a result, a political battleground was established, according to Landman, in which the actions taken by the Federalists would: "... set the stage for a battle between Jeffersonian Republicans and Federalists over the federal judiciary" (pp. 400). Landman goes on to explain that yet another fact to be considered was that the Supreme Courts actual size would be reduced (pp. 400). This meant that Jefferson would "have to wait for the retirement of two Federalist-appointed justices before he would have the ...

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