Why did marbury lose

Have a question? Need assistance? Use our online form to ask a librarian for help. The U. Supreme Court case Marbury v. Madison established the principle of judicial review—the power of the federal courts to declare legislative and executive acts unconstitutional. The unanimous opinion was written by Chief Justice John Marshall. President John Adams named William Marbury as one of forty-two justices of the peace on March 2, Did Marbury have a right to his commission?

If he had such a right, and the right was violated, did the law provide a remedy? And if the law provided a remedy, was the proper remedy a direct order from the Supreme Court? Writing for the Court , Marshall answered the first two questions resoundingly in the affirmative.

Marshall also ruled that Marbury was indeed entitled to a legal remedy for his injury. On the one hand, Marshall was strongly disliked by Jefferson, Madison, and the newly empowered Democratic-Republican Party. If he ordered delivery of the commissions, he risked simply being ignored by his rivals, thereby weakening the young Court.

But on the other hand, siding with Madison could be seen as caving to political pressure—an equally damaging outcome. The court ruled that the new president, Thomas Jefferson , via his secretary of state, James Madison , was wrong to prevent William Marbury from taking office as justice of the peace for Washington County in the District of Columbia.

However, it also ruled that the court had no jurisdiction in the case and could not force Jefferson and Madison to seat Marbury.

The Judiciary Act of gave the Supreme Court jurisdiction, but the Marshall court ruled the Act of to be an unconstitutional extension of judiciary power into the realm of the executive. If two laws conflict, Marshall wrote, the court bears responsibility for deciding which law applies in any given case. Thus, Marbury never received his job.

The new Democratic-Republican-controlled Congress easily eliminated most of the midnight judges by repealing the Judiciary Act in They impeached Supreme Court justice Samuel Chase, but acquitted him amidst inner-party squabbles. But if you see something that doesn't look right, click here to contact us!

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