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Madison V. Marbury Case, Essay Example

Pages: 1

Words: 328

Essay

Madison V. Marbury Case: Reshaping the Process of Recognizing Government Appointments

Background Facts

The Madison-Marbury case specifically involves the appointment of William Marbury under the direction of President John Adams who was going out from the administration at the time. The appointment however was believed to have been passed late and was then considered by Jefferson to be void. Nevertheless, Marbury went to the Supreme Court and appealed against Madison’s claim under the direction of President Jefferson. Considering that his document of appointment consists of the president’s seal, he believes that he deserves to receive the appointment and take position.

Implications

The appeal of Marbury was accepted in the Supreme Court due to the fact that the appointment by Marbury became effective and valid upon the signage of the document and not upon actual proclamation. It is then the duty of the Supreme Court to give attention to the appeal and hear what Marbury has to say about the situation and how Madison would intend to present the current President’s position on the matter. Given that the constitution is of a higher command, its clauses regarding the case of appointment have been followed. This then demands that the appointment of Marbury be acknowledged, allowing him and giving him the right to the commission. This then means that the win-lose situation is more directed on the capacity of the Supreme Court to decide upon the case of defining the power of the appointment given that the current president do not want to honor the documentation presented. In the end, the final decision places Marbury in the position to take the appointment given by the leaving president due to the time-definition of the procedures that occurred regarding the matter.

References

Faragher, J. M., Buhle, M. J., Czitrom, D., & Armitage, S. H. (2009). Out of many: A history of the American people, Volume I (5th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.

Marbury v. Madison – Case Brief Summary. http://www.lawnix.com/cases/marbury-madison.html. (Retrieved on December 16, 2012).

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