Details of Marbury vs. Madison case.

1 ANSWERS

1. Tom Reeds
   

   In the presidential election of 1800, after defeating John Adams Thomas Jefferson became President of the United States. The election was finalized in the year Feb 17,1801. Jefferson took office on March 4,1801. At that time President Adams and the Federalist controlled 6th Congress and they were still in power.
   A Federalist, Marbury was involved in the politics of Maryland and also was a vigorous supporter of the Presidency of the Adams.
   On Feb 24, 1803 the court took a decision that Marbury had the right to his commission but court cannot force or tell Marbury to deliver commission and it was said that the court did not have enough power to do that.
   At such a point Jefferson was not willing and agreed with the decision that took place. He stated that if such rules were followed by the court then the power making authorities have put our status aside and the shift of power in this case is not accepted. There was then much written and said about the Supreme courts decision which states that such power providing can destabilize the authorities and their supremacies and it against the law and the constitution has granted a permission out of its jurisdiction.
   There were many questions raised about the logic of the Marshalls agreement for judicial review. Bickel also stated in his declaration that Marshalls argument provides an unrealistic approach of the judiciary. The Marshall also gave his concern that the Judiciary does not seem to be operating independently and it does not take account into the consequences of their actions.
    

   Report (0) (0)  |   1 year, 1 month(s) ago