What concept was established by the decision in the case of Marbury v Madison? What has that concept meant to the development of constitutional law?© BrainMass Inc. brainmass.com December 20, 2018, 5:50 am ad1c9bdddf
The Marbury v. Madison decision in 1803 established the doctrine of judicial review upon the acts of the legislative and executive branches of the government. The Marbury decision is a critical and necessary component of the theories on modern constitutional theory.
What is the Marbury Decision:
• it entrusts the judicial branch of the government with the power to examine the decisions and acts of the executive and legislative branches of the government;
• it ensures that these executive and legislative decisions and acts are in conformity with the Constitution;
• it empowers the judicial branch to nullify these decisions and acts if they are found to be inconsistent with the Constitution;
Brief Historical Background Surrounding the Marbury Decision:
The Marbury decision is set during a time in the early years of the country when the founding fathers were defining what the United States of America (the Union) was going to be like in line with the powers granted by the U.S. Constitution. The Marbury decision centered around whether the Supreme Court had the power to review the acts of the legislative and executive branches of the government. Marbury was William Marbury, one of the justices of the peace that were appointed by President Adams right before he left office because President Jefferson had won the elections.
President Adams belonged to the Federalist Party while President Jefferson belonged to the Republican Party. The Federalist Party was in control of the government ever since the adoption of the U.S. Constitution in 1787. The incoming Republican Party, with President Jefferson at the helm, opposed all these "midnight appointments" because he and his party viewed it as an attempt of the Federalist Party to maintain their control of the judicial ...
Provides a discussion of the Marbury v Madison case and the concept that has been established as a result of the court's decision.