In now void. Without the Commissions being sent

In the 1800
election, Thomas Jefferson was elected president of the United States, over sitting
President John Adams. It was the first time that the political power changed
parties within our nation. In his final days in office, President Adams, he
appointed 58 judges to the District of Columbia courts, including William
Marbury, who he appointed Justice of peace. Adams sent the commissions to his Secretary
of State, John Marshall for delivery; However, the commissions were never sent
and when Jefferson entered office he ordered his Secretary of State, James
Madison to not deliver them, because they were not delivered on time so they
were now void.  Without the Commissions
being sent out the appointees were unable to assume the offices. Marbury, upset
about not getting his position as judge filed suit in the USSC v. Madison
seeking a court order to get his position as Justice of the Peace.

            The case of Marbury v. Madison (1803)
is one of the most famous cases in our nation’s history. It allowed for the
Supreme court to established its power of Judicial Review, which was already
granted to them through the constitution and illustrated within the Federalist No.
78. It also was the first time that the court used its power to regulate and determine
the constitutional statutes set by congress. Marbury v. Madison was the case
that changed our governmental set up, giving the Judiciary their ability to
make decisions on the rights and restrictions of the U.S citizens. In the
Federalist No. 78, The judiciary is claimed to be the “least dangerous to the
political right of the Constitution,” within the three branches of government; and
within the constitution, Article III provides for “One Supreme Court” that
would enforce “The supreme law of the land,”-the Constitution.  

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            Marbury v. Madison pushed the limits
of the judiciary rights which brought many changes to how they operate within
the government. Chief Justice Marshall set a lot of things in motion when he
proceed over Marbury v. Madison. While Chief Justice Marshall agrees that Marbury
had the right to receive commission and had the right to remedy; However,
Marshall ruled that the supreme court doesn’t have the power to make Madison give
Marbury his commission. He made this ruling with the help of the Judiciary Act
of 1789 which granted the Supreme court to make decisions on cases just like
Marbury v. Madison. Marshall claimed that the Judiciary Act of 1789, section
13, went against the constitution, giving the Judicial Branch more power, and
going against federal statutes. This is where Judicial review comes into play,
Judicial review allows the courts to declare legislation void. The Court has
the power to review, uphold and strike down the Executive Actions pursuant to
the Judiciary act of 1789 and in doing this to strike down part of that Federal
Law. Marshall’s ruling gave Judicial review to the courts and allowed for writ
of mandamus to be taken away from the Supreme court; establishing that the Judicial
Branch is equal to and independent to the Congress and the Executive Branch.

            This case set forth the power of the
judicial branch. By allowing judicial review they are able to decide and
enforce laws within the United States. Many see this as the Justices and Court
systems are making laws and forcing them on society. If John Marshall ruled differently
on Marbury v. Madison, society today would be quite different. The Judicial
branch would have way more power to court order citizens to do what the court
agreed on. That may not be fair to the whole Nation. The Governmental set up would
not be so different, we would still have three branches that govern the nation;
However, the judicial branch would have more leeway in determining the law. But
at the same time, they would not have the ability to overrule and obtain the
legislative and executive branch; for example, Watergate, the courts forced Richard
Nixon to give up the recordings. The Marbury v. Madison decision of the court allowed
for the judicial to grow and strengthen into what it is today, which takes on
cases that impact U.S. Citizens’ rights and restrictions making society somewhat
fair and equal all through out.

            Marbury v. Madison is an extremely
important case within this nations history. It allowed for more rights of the
Judicial Branch to limit legislative and Executive. While this is important
because it makes the other branches honest in a way and makes it possible to
force acts on society. However some see the judicial branch as a system that
enforce the laws of the land but also creates laws; some believe this as an
unconstitutional right. In my opinion, the 1803 case while yes allowed for
Judicial review and power to make decisions over the other branches. I believe
that this case gave equality within the three branches.