US history to 1876 (An Amazing Experience)

US history to 1876 (An Amazing Experience)

Introduction

Marbury v. Madison, in 1803), was a historic U.S Supreme Court case in which the Court framed the support for the action of judicial review in the U.S under Article III of the Constitution. The milestone helped describe the verge between the legally discrete official and legal branches of the U.S manifestation of legislature (Tuomala, 2010).

The case came about because of a request to the Supreme Court by William Marbury, who had been delegated by President John Adams as Justice of the Peace in the District of Columbia yet whose requisition was not yet conveyed. Marbury appealed to the Supreme Court to drive the new Secretary of State James Madison to convey the archives. The Court, with John Marshall as Chief Justice, discovered firstly that Madison's refusal to convey the requisition was both unlawful and remediable. In any case, the Court ceased short of forcing Madison (by writ of mandamus) to hand over Marbury's requisition, rather holding that the procurement of the Judiciary Act of 1789 that empowered Marbury to carry his case to the Supreme Court was itself unconstitutional, since it implied to amplify the Court's new purview past that which Article III secured. The request was in this way denied (Marcus, 2011).

This resulted in a conflict between the Constitution and the Judiciary Act, Section 13 (of lower seniority). Marshall ruled in its judgment declaring the Judiciary Act unconstitutional on the grounds that extended the jurisdiction of the Court and contradicted the Constitution.

Historical Overview

There were two political parties during the first decades of the history of the United States as an independent country: the Federalist and Republican (predecessor latter current Democratic Party in the United States). The Federalists, the ruling party in 1800 during the presidency of John Adams, after a vehement campaign, lost the election that year and had to transfer power to Thomas Jefferson horn the new president on March 4, 1801 and participate as Congress minority in the future. On February 13, 1801, and in response to the need to transfer power, the old Congress passed the Circuit Court Act of 1801, legislation that established federal sixteen judges on appeal. The legislation was an attempt to quickly create new positions in the judiciary that could be occupied by federalists. President Adams appointed and sent your commissions to these sixteen judges during his last two weeks in that role, but the law that authorized the charges was repealed by the new Congress on March 31, 1802 when the case Marbury v. Madison was pending before the Supreme Court (Van Alstyne, 1969).

But this was only a small part of the anger that existed between the judiciary, whose members were Federalists, and the new Congress and president. Congress in 1802, after a much discussed impeachment, separated John Pickering, a federal district judge, from office. This judge, but had a reputation for drunken, clearly was not guilty of treason, bribery or other crimes, the only charges enough ...