Comment on the Extract of Marbury vs. Madison

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October 19, 2020
Legal Presentation – Marbury v. Madison
As students in the legal profession, understanding the law's development and jurisprudence is perhaps one of the most essential things in our lives. It allows us to peek into the wisdom of the Court and apply the same principles in line with the principle of stare decisis. In this presentation, I would like to show one of the most heavily debated principles in law and jurisprudence, the judicial review principle. To do this, I would initially provide an overview of what a judicial review is and how does it relate to the principle of justice. Subsequently, this presentation would show the developments in the principle of judicial review based on the case of Marbury v. Madison. This includes different facts, issues, and rulings based on the discussion of the Supreme Court. Finally, I would like to show how this benchmark case's judgment has influenced this principle in the United States and other jurisdictions.
Judicial Review
For the longest period, the Supreme Court's power has been limited to the power of adjudicating justiciable questions, which represented the idea of 'justice.' A justiciable question is one that is not advisory, moot or academic or one in which do plaintiff does not have legal standing, among others CITATION Cornd1 \l 1033 (Cornell University). This is in line with the principle of Separation of Powers, which prohibits the Court from adjudicating any issue that requires the wisdom and knowledge of its co-equal branches. For example, this means that the Court cannot inquire into the trajectory of the Executive branch's foreign policy as long as the President (and his subordinates) does not go beyond the powers vested upon him by the Constitution.
However, after the US Supreme Court's ruling in the case of Marbury v. Madison in 1803, the idea of what can be considered as 'justiciable' question has expanded in such a way that it gave the Court the power into the legality of the acts of its co-equal branches.
Marbury v Madison
Facts
This case happened before the inauguration of President Jefferson. During that time, President Adams had appointed several positions in the judiciary to secure federalist control to himself. Together with the appoi...