DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM (A.P.)
2017-2018

LEGAL THEORY

Case Analysis - Marbury v. Madison

Mr. Md. Zain Saleh,

Faculty in charge, Legal Theory

By:
Anjani Harika
Sem-IV, 2015-041
 ACKNOWLEDGEMENT

There are times when silence speaks much more louder than words of praise to only
as good as belittle a person, whose words do not express, but only put a veneer over true
feelings, which are of gratitude t this point of time

I would like to express my sincere gratitude to the faculty of legal theory, Mr.Zain
Saleh, who has been my constant support, guidance and encouragement, without
which this project would not have come to an end. I would also like to express my
thanks to the librarian who have helped me get related books and the technical support
required to proceed with the project.

I can never repay my gratitude to my parents and god who have blessed me with the
most.

Anjani Harika
2015-041, Sem-IV

CERTIFICATE

This is to certify that Anjani Harika, 2015-041, of semester-IV, has completed the
legal theory project titled Marbury vs. Madison during the academic year 2016-17
and has submitted satisfactory report, as compiled in the following pages, under my
supervision.

Faculty of Legal Theory, Department of Law

Damodaram Sanjivayya National Law University, Gudivada, AP
 ABSTRACT

United States Supreme Court

MARBURY v. MADISON, (1803)
But the President Said I Could Be a Judge!

Decided: February 1, 1803

Facts- In 1800, President John Adams ran to be re-elected as president, but he lost to
Thomas Jefferson. During his last weeks in office, Adams appointed a bunch of men
to be justices of the peace in the District of Columbia. Each man would receive a
paper commission that was signed and sealed. The commissions were prepared, but
they were not sent before Adams left office. When President Jefferson took over, he
refused to send them.

One man, William Marbury, was upset. He wanted to be a judge! So he asked the
United States Supreme Court to issue a legal order called a writ of mandamus. In this
case, the writ would have required Marburys commission to be delivered.

Issue- Does the Supreme Court have power to hear more types of cases than just
those the constitution says it can hear?

It is to be noticed that Marbury didnt start in a regular, local court. He started at the
Supreme Court. Normally, that would be backwards. But in 1789, Congress had
passed a law saying people could start at the Supreme Court if all they wanted was a
writ of mandamus. Marbury argued that he was entitled to the writ because his
commission had already been created. He also argued that the Supreme Court had the
power to issue the writ.

Decision- The Supreme Court agreed that Marbury had a right to receive his
commission, but disagreed that the Court had the power to issue the writ. Why?
Because the Supreme Court gets its power directly from the Constitution, and the
Constitution says only certain kinds of cases can start at the Supreme Court. That
meant the 1789 law passed by Congress was unconstitutional. Congress did not have
the power to allow more kinds of cases to start at the Supreme Court. Therefore, the
Supreme Court said it could not help Marbury get his commission.

Significance - This is considered one of the most important cases the Supreme Court
has ever decided. Thats because it was the first time the Supreme Court struck down
an act of Congress for being unconstitutional. The idea that the Supreme Court has the
final say about what is constitutional is called judicial review. Judicial review lets the
judicial branch do two things: 1) interpret the Constitution and decide what it means,
and 2) stop the executive and legislative branches from doing things that go against
the Constitution.

The decision in Marbury v. Madison helped cement the judicial branch as equal with
the other two branches of government by giving it equal power.

CONTENTS
1. Case Summary..

2. Importance in Legal Theory..

3. Review of Literature..

4. Case Analysis.

5. Suggestions & Conclusions........

 CASE SUMMARY

Marbury v. Madison, controversially the most significant case in Supreme Court

history, was the first case of the Supreme Curt, US to apply the principle of Judicial
Review- where the court can announce the act of congress void if it stays inconsistent
with the constitution. This case on the other hand is very significant for it bifurcated
the branch of government on par with Congress and the Executive.

The Marbury facts were complicated. The elections of 1800, proved to be one where
the federalist party of John Adams, was defeated by the newly organized Democratic-
Republican party of John Adams, which then created a huge havoc in the political
arena for the lame duck Federalists. The Adams government appointed a large
number of justices of peace for the District of Columbia whose commissions were
approved by the Senate, duly signed by the president, and was affixed with the seal of
the government. When president Jefferson assumed his office on March 5,1801, he
ordered James Madison, then Secretary of State to not deliver them. William Marbury,
one of the appointees, filed a case before the Supreme Court for the write of
mandamus, or legal order, asking Madison to show cause why he should not receive
his commission.

There was enough proof that the appointments, including the Marburys as justice of
peace, were signed by President Adams, duly with the advice and consent of the
senate and was affixed with the seal of the United States. There were also proof that
the commission was withheld by the new government including Marbury and other
persons Dennis Ramsay, Robert Hooe, and William Harper who then petitioned
through a writ of mandamus.

There were importantly three major issues in resolving the case, the first being that
whether or not Marbury has the right to commission that he is seeking and it was held
affirmatively that when a commission is duly signed by the government with the seal
of the state it is an appointment.

The second issue being whether the law of the country has such kind of a remedy if
that right exists then the right has been violated. The answer was affirmative again
where having legal title to the office means having a consequent right to the
commission and refusal is a violation of the right, for which the lex loci will provide
remedy. Where there is legal right there is legal remedy.

Third being, if the Supreme Court issue such a writ? it gave a negative decision
leaving it to the executive branch.

As a result of this decision Marbury was denied his commission. However, the lecture
and the affirmation of Marshall that the court has the power to review acts didnt
please Jefferson. The timely assertion of judicial review, the court became an equal
branch of government-an equal in power to the congress and the president.
 IMPORTANCE OF MARBURY V. MADISON IN LEGAL THEORY

In the context of Legal Theory, it is very necessary for the independence of court
to be able to interpret the constitutionality of legislative acts which are proposed as
Rules of jurisprudence. Here, the court is not increasing its frontiers of into the
legislative spheres, but is determining which rules to be applied in its own
jurisprudence, much as it does when it deals with the contradictory statutes.

Nothing in Marbury precludes the probability that the other branches of

government can also make the judgements with respect to the constitutionality
while conducting their activity.It is a laid down jurisprudence that the legislature
shouldnt pass a bill that is unconstitutional and they might as well refuse to
endow the other departments that are unconstitutional and last but not the least the
people might also opt out of serving the office which erodes the constitutional
values. Since, the constitution is not a body in itself and prima facie doesnt have
power to enforce itself, it is the duty that vests in the hands of the citizens to
uphold it and particularly to them who have sworn an oath in the public office.The
notion that the common branch of all the three branches of the government to
make the findings of constitutionality did win much of support in modern
American politics, both at the state as well as in the federal levels. When the
Supreme Court declares as to a law being unconstitutional or issues a policy based
on interpretation of the constitution, the state executives and the federal level are
obligated to comply, no matter how strident they are with the courts finding.

This means that there is an extraordinary concession of power, beyond the

constitution or by Marbury. It serves to provide political convenience of
bifurcating difficult issues to unelected judges, but it is also important for it
ensures sincere convictions that the finding of constitutionality is solely in the
ambit of judiciary.

It is well known fact that, compared with English Law there has been infinitely
wider scope for judicial control of positive law. This is due both to the existence of
a Federal and fifty states constitution, all framed under the influence of natural
right concepts formulated in general and sweeping terms, and to the position of
Supreme Court which since 1803 has asserted rights, under the constitution to test
the validity of any legislative or administrative act in the light of the constitution.
The declaration of Independence, strongly influenced by the ideas of Locke, Paine,
Rousseau, have spoken about mans inalienable rights of life, liberty and the
pursuit of happiness and these ideas are mainly mentioned in American state
constitution.

Further, Professor Haines has described the principle motives of such dicta as:
 1. Distrust of legislative trust
2. Protection of minorties
3. Protection of property rights.
LITERATURE REVIEW

1). A Persons History of the Supreme Court- Peter Irons

This is a book containing the definitive account of the nations highest court. A
comprehensive history of the people and those cases that have changed the history of
the decision in the Supreme Court . The judgements so made lately by the supreme
court has put supreme court in the forefront of current affairs, making this
comprehensive and engaging work as timely as ever. In the very words of the Howard
Zincs, this book chronicles the decisions that have persuaded every aspect of our
society, from the debates over judicial power to controversial rulings in the past
regarding slavery, racial segregation and abortion, as well as more current cases about
school prayer, the Bush election and enemy combatants. To understand the prime
issues that the Supreme Court and the current battle for the courts ideological
makeup. This book is very significant since it also talks about the bills, the
ordinances, the laws, the policies and with respect to that the conduct of the courts
and the courts authority to handle and interpret the issue and substantiate it in their
words.

The court is an individual being and that the court is also and independent branch in
itself besides the state and the legislative.

2). John Marshall and the Heroic Age of the Supreme Court- Kent Newmeyr

John Marshall is inevitably the most important figure of the American history and has
served as the fourth Chief Justice of United States of Supreme Court, from 1801 to
1835, he has brought a huge move to the court from the fringes of power then to the
epicenter of constitutional government. He has vividly described his appreaciations
and opinion in cases like Marbury v. Madison and McCulloch v. Maryland are still
part of the working discourse of constitutional law in America.
Kent Newmyer has expertised in combining and engaging narrative with new
historical insights in a fresh interpretation of the life of John Marshall. More than
summing up of the articles of Marshall, he has well defined as to what actualy it takes
to make the court be independent of its decision and importance of the judicial review,
the legal and institutional accomplishments of Marshall ae all very well captured in
the book. This book also captures the texture of the reasoning of the court and the
complexity of mature jurisprudence, the affinities and the tensions between his system
of law and transformative age in which he lived.

3). Constitutional Debate in Action: Governmental Powers- H.L.Pohlman

Considering the political and intellectual forces that shape Supreme Court decisions,
the Constitutional Debate in action examines how and why the U.S Constitution has
always bothered to ensure the human wants , possesions and the values. This is a three
volume set which views the constitution as an institutionalized form of debate by
which the people press their political agendas and arguments upon the Supreme
Court. This process oriented approach is a straightforward test of how the Supreme
Court decisions justices to have changed constitutional doctrine through the ages; it
explores the actual process of judging itself. Each case study covers the political and
the legal background including the extra judicial matters which helped the author
proceed with the cases. This book has helped in critically analyze and opine the
judgments of the Supreme Court.

4). McCulloch v Maryland

Facts: Maryland had actually put up the probative taxes on the bank notes of the
Second Bank of the US. When the Maryland courts upheld the law, the Baltimore
branch of the bank approached the court through the cashier McCulloch. Daniel with
Pinkney argued n behalf of the bank. Chief Justice Marshall wrote unanimous
opinion of the court. That the constitution has given enough authority to the congress
to make laws, necessary and proper under Article I, Section 8.

Importance: The case which was decided in 1819, asserted the national supremacy
throught he actions of the state in the areas of the constitutionality of the granted
authority.