Topic > The case Marbury v. Madison - 989

The case of Marbury v. Madison centers on a case brought before the Supreme Court by William Marbury. Shortly after Thomas Jefferson defeated John Adams in the 1800 election, Congress increased the number of circuit courts. Adams sought to fill these new vacancies with people who had Federalist backgrounds. To accomplish this goal, he used the powers granted by the Organic Act to issue appointments to 42 justices of the peace and 16 circuit court judges for the District of Columbia. Adams signed the nominations on his last day in office and they were later sealed by Secretary of State John Marshall. However, many of the appointments were not delivered before Adams left office, and Jefferson ordered the deliveries stopped when he took command. Marbury was one of Adams' appointees to the justice of the peace. Marbury filed a lawsuit in the Supreme Court seeking a writ of mandate compelling new Secretary of State James Madison to make the appointment. The case involved several questions that the Supreme Court had to answer. The first question was whether or not Marbury was entitled to the commission. The Court ruled that he was entitled to do so because the nomination was issued while Adams was still in office and took effect as soon as it was signed. The next question was to determine whether the law afforded Marbury a remedy. The Court held that the law provided a remedy for Marbury. Adams signed the nomination and Marshall sealed it thus giving Marbury the legal right to the office to which he had been nominated. Therefore, denying him the job is a violation of his rights and the law offers him a remedy. The third issue was to determine whether the Supreme Court had the authority to review the records of… paper people. It also defined what power a state has over a legitimate federal institution. For example, a state cannot use its power to impede the operation of a federal institution by taxing its activities, but it still has the authority to collect property tax from a federal institution. These early Supreme Court decisions left a lasting impression on the United States. States. Marbury v. Madison established the concept of judicial review which strengthened the judiciary's ability to act as a check on the legislative and executive branches by providing for the review of acts of Congress by the judiciary to determine the constitutionality of those acts. McCulloch v. Maryland allowed the expansion of the implied powers of Congress necessary to execute its delegated powers and defined the supremacy of constitutionally enacted federal entities over state statutes.