Marbury v. Madison Essay Example | Topics and Well Written Essays - 250 words

Marbury v. Madison - strain ExampleThe President issued the slots and the senate approved them (Smith, 1996, p.524). Some appointments, however, were termed void. The legislation was later amended, and Jefferson later eliminated some commissions, including Marbury, and re-assigned some slots to the Democratic-Republican members. Marbury filed a petition in the Supreme Court for the writ of mandamus. This led to the issues as to whether Marbury had a right to the commission, whether the law awards him a remedy, whether the Supreme Court had the original jurisdiction to issue writs of mandamus, whether the Supreme Court had the law to survey acts of Congress and thereby determine whether they were unconstitutional and whether the Congress could increase the Supreme Courts mandate as provided for under oblige III of the Constitution.The court held that Marbury bore a right to the commission and had a remedy. It was further provided that the Supreme Court bore the mandate to review and determine whether acts of Congress were unconstitutional, that Congress had no mandate to expand the Supreme Courts original jurisdiction beyond what is provided for under the Constitutions Article III and that the Supreme Court lacks the original jurisdiction to issue writs of mandamus. This decision resulted in instituting of the model of discriminatory Review, which is the judiciarys ability to assert a law as unconstitutional. The case facilitated the principle of checks and balances inwardly the government. It was, therefore, a win for the Democrat-Republicans as Marbury failed to attain the position of Justice of the