Monday, September 29, 2008

Marbury vs. Madison


Marbury v. Madison v. Ashcroft

By ANTHONY LEWIS
Published: February 24, 2003

This article explains how after 200 years Americans are so used to judges having the last word that alternatives seem out of the question. It describes how we rely on the courts to enforce what the Constitution promises us. Anthony Lewis talks about how during World War II a security threat was admitted to the government and supreme courts and was denied. He also talks about how "The war on terrorism is an especially dangerous occasion for judges to close their eyes to violations of our rights."

The Marbury vs. Madison case is a landmark case in the U.S law. The case was between William Marbury v. James Madison. In 1800, John Adams was President and there was an election that year. Thomas Jefferson, who belonged to another political party, got elected. There were many positions in the government that were still empty. President Adams appointed 58 new people to office and James Madison, the Secretary of State, was asked to deliver paperwork to these new people so they could start there jobs but Thomas Jefferson told Madison not to deliver the papers to some of the people Adams had appointed and William Marbury was one of them. He then sued James Madison and tried to get the Supreme Court to issue a "writ of mandamus" which his case was then denied.

I personally think that the supreme court shouldn't reject peoples cases if its for a right reason. After this case I and allot of other people probably wonder if the supreme court can just reject cases, what will happen if they reject important cases that involve economical emergencies? like with current wars? That could stir up problems that will only make us go down hill from there on.

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