Discuss the facts and issues in the Marbury v. Madison (1803) case. Then, explain and evaluate Chief Justice John Marshall's reasoning in support of the Supreme Court's assumption of the power of judicial review in the Marbury v. Madison case. Discuss the doctrine of judicial review (in this case and also in principle).© BrainMass Inc. brainmass.com March 21, 2019, 11:53 pm ad1c9bdddf
The gist of the facts in Marbury v. Madison are that the presidential candidate John Adams after losing his bid for reelection in 1800 sought to stack the number of Federalist judges in an attempt to increase the circuit courts to curry political power for his party despite their lost in the election. These appointments were conspicuous and done under the radar, but were not completed before the winner of the presidential race Thomas Jefferson was inaugurated into office; therefore, he subsequently abolished the appointments. As a result of this decision one of the justices of the peace who was to become a circuit court judge under the directive given by former President Adams filed a writ of mandamus wherein he sought to force the Secretary of State to deliver the appointments via the Supreme ...
The solution discusses the Marbury vs. Madison case.