Essay On The Marbury Vs Madison Case
Marbury Vs Madison Case Brief Essay
How Is Marbury V. Madison And Judicial Review?
Marbury V Madison Essay
Marbury v. Madison: Judicial Review Essay
Marbury vs Madison Essay examples
Marbury Vs. Madison: Supreme Court Case
Marbury Vs. Madison: The Supreme Court
Marbury Vs. Madison: Court Case
Marbury V Madison Case Analysis
Marbury Vs. Madison: Supreme Court Case
Marbury Vs Madison Case Brief
Supreme Court: Marbury Vs. Madison
Essay on The Case of Marbury v. Madison
Marbury Vs. Madison: Case Study
Marbury Vs Madison Case Essay
1. This case of Marbury vs Madison is one of the most important cases in Supreme Court history.
This case was the first case to apply "judicial review" or the power of federal courts to declare acts
Unconstitutional. The principle was written in 1803 by John Marshall, the Chief Justice and
officially made the Supreme Court a balanced branch of government on par with the other two. This
case started when John Adams issued William Marbury a commission as justice of peace. However,
the new Secretary of State, James Madison didn't want to deliver it. Marbury then sued Madison in
order to obtain his commission. With Justice Marshall's decision in the case, the checks and balances
system got a new and much–needed upgrade. Judicial Review is
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2. Essay On The Marbury Vs Madison Case
One of the most important cases in history is the Marbury v. Madison case because this was the
first U.S. Supreme court case to exercise the doctrine of judicial review. Judicial review is the
doctrine under which legislative and executive actions are accountable to review. The dispute was
between William Marbury and James Madison whom was the secretary of state under 3rd president
Thomas Jefferson, and the Chief Justice John Marshall whom was responsible for constructing and
defending the judicial power and the foundation of the American federalism, led the Marbury v.
Madison case. The case was about James Madison preventing William Marbury from taking his
position in office as justice of the peace for the District of Columbia. Before Thomas Jefferson took
office the former president before, John Adams, named forty–two justices and sixteen new circuit
court justices in which he signed...show more content...
I feel that with him being the previous secretary of state and now the Chief Justice that it was only
right that he did what was politically correct. If he would have chosen to go against the president
that probably would have called for an impeachment against him for being defiant. Which would
have destroyed Marshall but also the Court, so he viewed the problem as a conflict between the
Court and the President. I believe that John Marshall did what was constitutionally right by stating
that the President actually had no right in holding the documents and also stating that by Marbury
actions were unconstitutional in which the Court was powerless and could not help him. This
brings us to Marshall's final decision of not granting William Marbury his commission which
covered a total of seventeen pages in the Supreme Court official reports. John Marshall was a man
who took his position seriously and knew that all men even the President of the United States has to
abide by all the laws. No man is above the
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3. Marbury Vs Madison Case Brief Essay
Shanikwa Buie
Marbury v. Madison
Mr. Chux Ibekwe
MWF–8am
10/24/14
Marbury v. Madison
The way things were brought about this case made the right actions between the other two branches
of government. John Adams gave William Marbury a job in the office as justice of the peace. But
James Madison was kind of jealous and didn't want to deliver the great new to Marbury. Soon or
later Madison was sued by Marbury for not telling him that he was in office for justice of the
peace. John Marshall was the chief of Justice at the time and his review of the case made the
principle of judicial review. A major important part of the system was checks and balances.
Ensuring that political power is not in any individuals or groups. Basically trying to make sure not
one of the three branches don't become too power than the other. "A Law repugnant to the
Constitution is void." Marshall wrote these words. For the first time the Supreme Courts passed a
law by Congress and President Adams was the one who signed for this law. Nothing in the
Constitution gave the courts this specific power. Marshall thought that the Supreme Court should
have an equal role to...show more content...
The President is given the power to veto or restrain Congress and the authority to appoint members
of the Supreme Court with the advice and consent of the Senate. In this system the role of the
Supreme Court has not yet been defined. Therefore it fell to a strong Chief Justice like Marshall to
complete the checks and balances. Making the principle of judicial review. No other was
unconstitutional until the Dred Scott case back in 1857. The Supreme Court invalidated the Federal
and the state laws to the Constitution was never seriously challenged. Woodrow Wilson said "That
the constitution of the United States was not made to fit like a strait jacket it is elasticity lies it is chief
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4. How Is Marbury V. Madison And Judicial Review?
Marbury vs. Madison and judicial review
Historical background of the case
The case Marbury vs. Madison led to the most important decision the US Supreme Court has ever
made. The parties, William Marbury, appointed Justice of Peace under the Judiciary Act of 1801 by
John Adams the former US president, and James Madison, Thomas Jefferson's Secretary of State at
the time, had conflicting interests concerning William Marbury's right to office. Madison refused to
grant Marbury his appointment. This led to Marbury ordering the Supreme Court to issue a writ of
mandamus, obliging Marbury to grant his commission. Marbury's main argument was that the
Judiciary Act of 1789 granted the power to issue former to the Supreme Court. By refusing the
appointment, Marbury claims, is Madison violating his legal rights to obtain the commission. The
Court's ruling in this case, delivered by Mr. Chief Justice John Marshall in 1803, had an important
impact on the establishment of judicial review. But was the Court's decision justified?
The case's impact on the establishment of judicial review in the US system...show more content...
As the former mentioned document does not forbid the Supreme Court to issue a writ of mandamus
but simply does not state it, I do not feel like the Judiciary Act of 1789 is in conflict with the
Constitution. The Constitution is not capable of including every eventuality there is, therefore
declaring every law not mentioned in the Constitution as unconstitutional would restrict the actions
of the legislative and executive immensely. Instead, declaring acts as unconstitutional should be
limited to laws or actions directly interfering with it. I do think judicial review is an important tool
in the modern system of checks and balances and plays a significant role in keeping different
branches from gaining too much power. It is, therefore, necessary to
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5. Marbury V Madison Essay
Marbury v. Madison (1803) Marbury v. Madison has been hailed as one of the most significant
cases that the Supreme Court has ruled upon. In this paper, I will explain the origins and
background in the case, discuss the major Constitutional issues it raised, and outline the major points
of the courts decision. I will also explain the significance of this key decision.
Origins and background of the case In the late 1700's, John Adams was President. Adams was a
member of the Federalist Party. The Federalists were in control of the Congress. Adams and other
Federalists were Pro–British and the Republican Party was Pro–French. Thomas Jefferson led the
Republicans. Federalists were worried that the influx of French into the country...show more
content...
There was a long lame duck period between the November election and the inauguration of a new
president, and the Congress that met in December 1800 was the old Congress. The Federalist
controlled Congress passed the Judiciary Act of 1801, which created circuit courts of appeal, and
relieved the justices of the Supreme Court of their obligation to travel around the country to hear
cases. It also increased the jurisdiction of the federal courts. Adams immediately appointed several
new judges and the Senate confirmed the 16 new judges to these courts, all Federalists. James
Madison was one of the 42 Justices of the Peace that were also created with the Judiciary Act of
1801. These Justices served the Washington and Virginia areas. It is also important to know that all
of these Justices were also Federalists. Adams was trying to stack the Judiciary with the outgoing
Federalist Party members. Many of these Justices were qualified to hold these jobs however. John
Marshall was the Secretary of State for President Adams. It was his job to deliver these commissions
to the new appointees. Many of them were delivered, but some were not, including, William
Marbury's. When the new President, Thomas Jefferson, was sworn in, he told the new Secretary of
State, James Madison, to not deliver the commissions to the other judge appointees. Marbury and
several others brought
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6. Marbury v. Madison: Judicial Review Essay
In the case of Marbury v. Madison the power of judicial review was granted to the Supreme Court
in 1801. The Constitution does not give power of judicial review. On Adams last day in office,
several government officials upheld the case. Judicial review does not exist in countries that have a
centralized or unitary form of government. The elected parliament declares it is the law of the land.
Halsema Proposal to Netherlands has taken the initiative to start the process of judicial review.
President John Adams and the Federalist lost the election to Thomas Jefferson. The lame–duck
Federalist of Congress enacted a Judiciary Act. The act created 58 new judgeships that Adams
appointed. Forty two included justiceships of the peace....show more content...
In England their form of government is called the Parliamentary Monarchy and the Queen Elizabeth
II is the monarch for England. Crown is another name for monarch. "It serves as the head of the
judiciary, commander in chief of the armed forces, supreme governor of the Church of England, and
Church of Scotland, and summons and dismisses Parliament and ministers of the cabinet"
(Meadows, 2001). With advice from the prime minister, the crown appoints, diplomats, military
officials, judges, and archbishops and gives awards and honors. Justices of the peace known as local
magistrates hear petty offenses. Local magistrates are unpaid members of the community who have
been appointed by the Lord Chancellor. "Serious offenses are sent ot a Crown Court and jury of local
citizens will make convictions and sentences which will be taken to the Court of Appeals for the
Criminal Divisions with the final court appeals being the House of Lords" (Meadows, 2001). The
Netherlands government based on the parliamentary government and the principles of ministerial
responsibility. "The national government comprises three main instiutions: the Monarch, the Council
of Ministers, and the States General" (State, n.d.). The Monarch is the head of state. The Queen has
the power to appoint formateur and then will form the Council Ministers after the elections. Council
Ministers implement the planed
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7. Marbury vs Madison Essay examples
Marbury vs Madison As the government was newly establishing its stronghold on the nation, forging
its way to a powerful republic and instituting precedents for the future, a struggle to preserve the
foundations of American Society instituted by Washington and John Adams existed as Thomas
Jefferson took office. In an attempt to maintain the "edifice of the National Government" believing
Jefferson would topple the prestigious nation with his atheist views, Adams appointed various
Federalists to the judiciary. Thus, attributing to the single most significant case of the Supreme
Court, Marbury Vs. Madison, a struggle between Republicans and Federalists that would end in a
future altered by fate. This controversial landmark case...show more content...
A few technicalities derived into a failure to deliver the commissions and therefore once discover by
Jefferson who saw them as a judiciary of "ardent political leaders," they were kept from delivery.
Jefferson, wanting control appointed some of his own judges, and attempted to abolish the jobs of
the new circuit judges, of the few whom received their commission. Thus, threatening the foundation
of a stable government and the independence of the judiciary system. John Marshall, Chief Justice,
appointed by Adams despised Jefferson and sought to undermine his power and authority, which he
felt was unjust. Madbury Vs. Madison gave him this opportunity, an opportunity to attack his enemy
head on. He believed the judicial repeal act that Jefferson and this Secretary of State, James Madison,
sought, was unconstitutional, and through these beliefs he acted boldly, instituting judicial precedent.
William Madbury, feeling he had a right to his position of Justice of Peace, asked the Court to
issue an order forcing Madison to appoint Marbury, whose commission he was with holding in order
to replace him with a Republican. Marshall demanded an explanation why such a writ should not be
ordered, thus attempting to assort authority over the Executive Branch. Marshall was determined to
assail upon Jefferson and used this case as an excuse, especially because of the abolition of the
circuit courts and the
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8. Marbury Vs. Madison: Supreme Court Case
The court case of Marbury vs Madison was a very interesting case. It brought attention to the
powers of the Supreme Court, and its limitations. The case provided answers to multiple questions
such as: Did Mr. Marbury had a right to the Commission? , Did the Law of the United States
provided Marbury with an alternative solution to his problem? , Does the Judicial branch have the
power to review and make changes to the actions of the Legislative branch? , and is it possible for
the Legislative branch to expand the jurisdictions of the Supreme Court beyond the prescribed scope
of power in Article three of the Constitution (Lawnix.com). The case surfaced when the president
Adams selected a total number of forty two individuals to serve as justices
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9. Marbury Vs. Madison: The Supreme Court
In Marbury v. Madison the Supreme Court of the United States first declared an act of Congress
"unconstitutonal". The court ruled 5–0 that, outlined, by Article III of the constitution, it was not in
the courts jurisdiction to act upon Marbury's plea to deliver his appointment. The court set a
monumental precedent by deeming a decision made by congress
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10. Marbury Vs. Madison: Court Case
Marbury vs. Madison was a court case in which the principle of judicial review was established and
the Supreme Court reinstated their supreme interpretation of the Constitution by putting Jackson
back in his place. Jackson seemed to have forgotten this because he deemed the bank unconstitutional
and vetoed
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11. Marbury V Madison Case Analysis
Noor Rizwan Student number: 15049299 7th October' 16 Introduction and summary of the case
This essay includes the legal analysis of the case, Marbury v. Madison which is the most important
case in the supreme court history of U.S due to the application of the principle of judicial review
for the first time in the U.S. history. In this particular case, William Marbury had been appointed a
justice of the peace of the District of Columbia in the last hours of the ex–president Adam's
administration. Furthermore, John Marshall, who ultimately became the chief justice of supreme
court and as a part of the whole process, previously was the secretary of state and he was the one
who was in charge to deliver the commission to the new judges but...show more content...
The Court decision was written by John Marshall and the court stated that Marbury had indeed right
to the commission and more certainly, the judiciary Act of 1789 was indeed unconstitutional.
According to the opinion of Marshall, the Congress was not permitted to allocate the power to the
Supreme Court to be able to issue an order granting Marbury his commission so basically only the
constitution could do so. In addition, the document stated nothing regarding the Supreme Court
having the power to file an order. In addition, it also declared that the court had no jurisdiction in
the particular case and could not force Thomas Jefferson and Madison to give commission to
Marbury. The Judiciary Act of 1789 gave the Supreme Court
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12. Marbury Vs. Madison: Supreme Court Case
The case Marbury v. Madison occurred in 1803, in the District of Columbia. This case really began
in the election of 1800, where Thomas Jefferson beat John Adams out of office. This election
caused unrest for the Federalist and his associates, and in the last few days before the end of his
presidency, he appointed multiple justices of peace for D.C. in order to fill the courts with
Federalists to oppose the incoming administration. Their commissions were approved by the
government, but Adams didn't have the time to have them sent out before the end of his presidency.
This meant it would become James Madison's, Jefferson's Secretary of State, responsibility to
deliver them, but Jefferson ordered him not to. Soon after catching word that William Marbury, one
of the chosen justices, would not be receiving his commission, he spoke out to the Supreme Court
and petitioned for a writ of mandamus, which is a legal order, that would basically force Madison
to give an explanation as to why he would not be receiving his commission....show more content...
The unanimous decision stated that while Marbury did deserve his commission, the Supreme Court
would not force Madison to deliver it to him, the only power able to do that would be by the
Constitution, and there wasn't anything in the document that would grant the Supreme Court to
issue this order, and Congress, in Justice Marshall's opinion, didn't have that power either. In the end,
Marbury never became a justice of the peace, but instead, a very important precedent was
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13. Although it was not considered an important case when it happened, Marbury vs Madison ended
up having an a massive impact on the way our government works, because it established the
Supreme Court's power to declare a law unconstitutional. This historic argument began when James
Madison, the secretary of state under Thomas Jefferson, refused to send commissions to the offices
of some federal judges, and "the judges sued Madison to compel delivery" (Oates 210). These
judges, including William Marbury, wanted the Supreme Court to issue a writ of mandamus to
Madison. After all, Congress had passed a law specifically stating that the Supreme Court could
issue writs in cases like this. But, the chief justice John Marshall knew that if he issued the...show
more content...
Marshall began developing his political opinions when he fought for the continental army in the
American Revolution. Marshall "served under Washington during the bitter winter at Valley
Forge", and he was "associated with brave men from different states who were risking life and
everything valuable in a common cause" (Oates 206). Some politicians of Marshall's era felt
more allegiance to their states than they did to their country, but Marshall had a "habit of
considering America as my country and Congress as my government. Thanks to his experience in
the army, Marshall felt a strong love for his country, and he wanted this experiment to work as the
Constitution intended it to. This trait, combined with his great intellect and strategy, is what
motivated his decisions in court. He did not simply base his choices on his political party. An
excellent example of this is his decision in the Marbury vs Madison case in 1803. Many
Federalists probably wanted the court to issue a writ of mandamus to the Republican Madison, but
Marshall refused, because he felt it would be unconstitutional. This was also a strategic move,
because if Madison had ignored his order, it would have made the court look powerless. Marshall
truly wanted for people to follow the Constitution, and he was smart enough to get what he wanted.
So, thanks to his principled character and his cleverness, John Marshall was able to ignore partisan
politics during his tenure as chief
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14. Marbury Vs Madison Case Brief
Throughout history, many cases have gone beyond local courts and have reached Supreme Court.
One of the most famous cases to reach Supreme Court is Marbury v. Madison. Marbury v.
Madison was a case that was fought because James Madison refused to deliver Marbury's
commission. In return, Marbury had petitioned for a writ of mandamus in order to receive his
commissions. The Supreme Court had reinforced the "Marbury" decision in many cases, for
example McCulloch v. Maryland, Cohens v. Virginia, andUnited States v. Le Baron. In the case
McCulloch v. Maryland, similar tactics from the Marbury v. Madison case. In the Marbury v.
Madison case, the court had declared a law unconstitutional. When a law is declared unconstitutional,
it is called judicial review. Maryland had...show more content...
Gilleo was also a case in which reviewing the law was necessary. Margaret Gilleo the city of Ladue
had placed a ""Say No to War in the Persian Gulf, Call Congress Now" sign in her front yard. The
city of Ladue had a law prohibiting the use of law signs, and requested the removal of the Gilleo's
sign. Gilleo had refused to take the sign down, because forced removal of it would violate her 1st
amendment rights. The city had sent the case to the Supreme Court and reviewed the law to see her
position on the matter. The Supreme Court had decided she was allowed to express her political
opinions. Similar the Marbury v. Madison, the case was taken to the Supreme Court, where laws
were reviewed to determine decisions.
To conclude, the Marbury v. Madison case has greatly impacted the way the Supreme Court
makes decisions. Marbury v. Madison had incorporated the process of Judicial review, which
allows courts to review the laws to see if they are being violated. Judicial review was utilized in
countless cases, such as, Cohens v. Virginia, Ladue v. Gilleo, and McCulloch v. Maryland. To this
day, the Supreme Court has utilized the Marbury v. Madison decision as a model for future
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15. Supreme Court: Marbury Vs. Madison
Marbury vs. Madison established two facts in American politics and jurisprudence; that the judiciary
was not a lofty, isolated branch of the Government as was envisioned by the Fathers and that the
powers of the Judiciary implicated a far greater reach from the bench than was expected, or perhaps
as was intentioned. It established Judicial Review, not only as a tool in the arm of the Judicial
Branch but it in effect, redistributed certain powers of legislative prerogative to the Courts. This
event essentially divided the Courts into two dichotomous schools of jurisprudence; judicial restraint
and activism. Those who claim that the Supreme Court has the mandate and authority to, in effect,
legislate are called activists. Conversely, those who
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16. Essay on The Case of Marbury v. Madison
The case of Marbury v. Madison centers on a case brought before the Supreme Court by William
Marbury. Shortly after Thomas Jefferson defeated John Adams in the election of 1800, Congress
increased the number of circuit courts. Adams sought to fill these new vacancies with people who
had Federalist backgrounds. To accomplish this, he used the powers granted under the Organic Act
to issue appointments to 42 justices of the peace and 16 circuit court justices for the District of
Columbia. Adams signed the appointments on his last day in office and they were subsequently
sealed by Secretary of State John Marshall. However, many of the appointments were not delivered
before Adams left office and Jefferson ordered the deliveries stopped...show more content...
The Court found that Congress does not have the authority to expand the Court's original
jurisdiction beyond what is specifically given it in Article III. The last question centers on whether
the Supreme Court as the original jurisdiction to issue writs of mandamus. The Court decided that it
did not have this jurisdiction. In order to issue a writ of mandamus, the Court may only exercise
appellate jurisdiction in an existing case. The Court's final decision was unanimous and it denied
Marbury's request for the writ of mandamus. Marbury never received his appointment. This case is
significant because it established the concept of judicial review. The Constitution does not
specifically grant the judiciary this power. Judicial review allows federal courts to review laws and
determine if they are constitutional or not. This gives the judiciary the power to void any laws that
are found to violate any part of the Constitution. Therefore, Chief Justice John Marshall ruled that the
portion of the Judiciary Act of 1789 that gave the federal courts the authority to hear mandamus
cases was unconstitutional. Ironically, Chief Justice Marshall is the person who was the Secretary of
State under Adams that sealed Marbury's appointment. McCulloch v. Maryland is a case brought
before the Supreme Court
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17. Marbury Vs. Madison: Case Study
Was the ruling right in the case of Marbury v. Madison? Once the President granted William
Marbury, an office his commission should have been granted. Exactly why did it have to be
review? Do we actually know why the commission was denied? Was it simply the new President and
Chief Justice James Madison did not want to honor the commission. I believe that the judiciary
branch is a dangerous branch. It is responsible for deciding what is meant by the law and then use
the Constitution to make their decisions. Just like each individual, we can interrupt the Constitution
to benefit our decisions. There are people in the United States that does not believe the Constitution
is used for the good of the people. Could they be right?
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18. Marbury Vs Madison Case Essay
The Marbury vs Madison decision created lasting effects for the history of American politics by
establishing judicial review. Judicial review provides the Supreme Court with the ability to
determine the constitutionality of an act or issue passed by the legislative or executive branches.
The case took place early in American history where the powers of the Supreme Court were only
outlined in the Constitution but never explicitly exercised in public. The Marbury vs Madison
decision is significant in formation of contemporary American politics because it affirmed the
process of judicial review within the Supreme Court which secured the principles of the Constitution
and entrenched the separation of powers idea among the bodies of government in the United States.
After the election of 1800, Federalist Party president John Adams lost to Thomas Jefferson and his
party of the Democratic–Republicans. Before handing off power, Adams appointed "midnight
judges" through the Judiciary Act of 1801 which were approved by Congress. However, when
Jefferson took office, he told his Secretary of State, James Madison to not confirm the appointments.
In response, one of the appointed judges, William Marbury demanded that the Supreme Court
provide a writ of mandamus–a legal order that would force Madison to provide the reason why
Marbury...show more content...
In this landmark case, the Supreme Court found that segregated schools for black and white students
wee unconstitutional. The decision overturned the Plessy v Ferguson case which championed the
"separate but equal" doctrine. The Supreme Court saw that the implication from the previous case
conflicted with the ideals of the 14th amendment. Although the doctrine came from another court
ruling rather than a legislative source, it is a prime example of how judicial review is a necessary
power to secure fundamental
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19. The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of
the "unprecedented" concept of Judicial Review. John Marshall, the Supreme Court Justice at
the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really
recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and
Marbury v. Madison's modern glorification is merely a product of years of disagreements on the
validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never
really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v.
Sanford. John Adams, the previous Federalist president, lost...show more content...
This is most accurately described by Robert G. McCloskey: " a mastery of indirection
[is]...Marshall's ability to sidestep danger while seeming to court it, to advance in one direction
while his opponents are looking another"(Clinton 6). Marshall's actions were fueled by political
concerns, not legal. If Marshall's actions were iconic, then after the Marbury v. Madison case, he
would have been credited with the creation of judicial review. In reality, Marshall's decision of
allowing the courts to review the decisions of the legislative and executive branches was seen "as
only a step in the continuous clarification of the theory of judicial function"(Clinton 117). So this
supposed creator of a pivotal Judicial component was only seen as a stepping stone. Through the
remainder of Marshall's career as Chief Justice, no one revisited his thoughts on the Marbury v.
Madison case, until his successor, Roger Taney, did in Dred Scott v. Sanford. Roger Taney seemed
to have the same viewpoints as Marshall, always trying to keep the checks and balances intact and
equal. He kept this dedication through the Dred Scott v. Sandford case, using judicial review to rule
the Missouri Compromise of 1820 unconstitutional. Strangely, "Marbury's importance as a precedent
for judicial review of legislation was never mentioned by the Court"(Clinton 119). If Marbury v.
Madison was such a pivotal case, then it would
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