Powers of a current president to withhold promised commissioned ✓ Solved

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Sample Legal Brief – EDL 5700 David C. Fuller EDL 5700 – Ethics and School Law Legal Brief #1 Citation: Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. ).

Topic: Powers of a current president to withhold promised commissioned seats under a previous president. The legal limitations of the Supreme Court.

Issues: (1) Does Marbury have a right to the commission? (2) Does the law grant Marbury a remedy? (3) Does the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional and therefore void? (4) Can Congress expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution? (5) Does the Supreme Court have original jurisdiction to issue writs of mandamus?

Facts: President John Adams commissioned forty-two justices of the peace and sixteen circuit court justices for the District of Columbia before the end of his term. He signed the documents, they were sealed by the secretary of state, but they were not delivered before his term expired. When Thomas Jefferson took office he refused to honor these commissions. William Madison was to be one of those justices of the peace and was not given his position.

Finding of the Trial Court: The case was brought straight to the Supreme Court.

Finding of the Appellate Court: The court found in favor of the plaintiff, Madison, and he was owed remedy. They also found it unconstitutional for the Supreme Court to issue writs of mandamus.

Reasoning: 1. Yes. Marbury has a right to the commission. They found that when the President signed the correct forms during his term, the commissions were legal and effective. 2. Yes. The law grants Marbury a remedy. Civil liberty consists in the right of every individual to claim the protection of the laws whenever he receives an injury. A duty of the government is to afford that protection. The seal verified the validity of the signature. The failure to deliver this paper was a violation to his constitutional rights, and he has the right to remedy. 3. Yes. The Supreme Court has the authority to review acts of Congress and determine whether they are unconstitutional and therefore void. 4. No. Congress cannot expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution. 5. No. The Supreme Court does not have original jurisdiction to issue writs of mandamus. This was a matter in its original jurisdiction.

Paper For Above Instructions

The case of Marbury v. Madison (1803) is a pivotal moment in U.S. legal history as it establishes foundational principles concerning the balance of power among branches of government, specifically the judiciary's role concerning Congress and the executive branch.

Topic Relevance: The main issue concerns whether President Thomas Jefferson had the authority to refuse the commissions signed by President John Adams. This situation raises questions about the president's powers and the legal processes governing judicial appointments.

1. Right to the Commission

The Supreme Court ruled that Marbury had a right to his commission. The Court reasoned that once the president signed and sealed the commission, it became an official act that legally conferred the expected appointment (McCarthy et al., 2018). Marbury had every right to pursue this matter in a court of law. This ruling set a precedent that affirmed the power of elected officials to make appointments that are legally binding upon their terms of service.

2. Granting of a Remedy

Marbury's claim for a remedy was supported by the principle that civil liberties entitle individuals to protection under the law when they suffer a legal injury. The Court observed that failure to deliver his commission violated Marbury's rights, establishing that the government bears a duty to protect its citizens (Nathan, 2016). This ruling underscored an essential aspect of American democracy: legal recourse is available for individuals subjected to the government's failures.

3. Supreme Court Authority

The ruling established that the Supreme Court has the authority to review legislative acts, affirming judicial review. The importance of this principle lies in its affirmation of the judiciary's power to invalidate laws that contradict the Constitution. This established a strong precedent for later cases where the judiciary acted as a check on legislative and executive power, reinforcing the concept of checks and balances intrinsic to the U.S. government structure (McCarthy et al., 2018).

4. Original Jurisdiction Expansion

The Supreme Court ruled that Congress cannot expand its original jurisdiction beyond the parameters defined in Article III of the Constitution. This limitation ensures that the foundations of judicial authority remain tethered to the Constitution and that individual rights are not subject to arbitrary legislative jurisdiction increase (Nathan, 2016). This ruling serves to reinforce constitutional limits on governmental powers featured in the foundational documents.

5. Issuing Writs of Mandamus

The Court concluded that it does not have original jurisdiction to issue writs of mandamus in this situation, asserting that such matters fell outside its original jurisdiction. This delineation is critical, as it establishes the boundaries of judicial intervention and sets the stage for further interpretation of such powers (McCarthy et al., 2018).

Overall, Marbury v. Madison remains a landmark decision that has ongoing impacts on the legal landscape in the United States. It defines the parameters within which government operates and grants citizens robust protections against potential misjudgments by elected officials. Through judicial review, the Supreme Court ensures that the Constitution remains the supreme law of the land, providing essential checks against potential governmental overreach.

References

• McCarthy, M., Eckes, E., & Decker, J. (2018). Legal Rights of School Leaders, Teachers, and Students (8th ed.). Loyola Marymount: Pearson.
• Nathan, L. (2016). School Law and the Public Schools: A Practical Guide for Educational Leaders (6th ed.). University of Memphis: Pearson.
• Hall, K. L. (2019). Law and Education: Contemporary Issues and Court Decisions. Routledge.
• Meyer, M., & Smith, J. (2022). The Constitution and the Courts. Harvard University Press.
• Schwartz, B. A. (2004). Judicial Review and the Politics of the Supreme Court. Yale University Press.
• VanAlstyne, W. (2016). Constitutional Law: Cases, Comments, and Questions. West Academic Publishing.
• Gressman, P., & Hall, K. (2017). The Constitution and American Politics. Cambridge University Press.
• Goldman, J. (2018). Judicial Decisions and the U.S. Constitution. Wiley.
• Greenhouse, L. (2020). The U.S. Supreme Court: An Illustrated History. Oxford University Press.
• Vile, J. R. (2021). The U.S. Constitution: A Critical Guide. Routledge.

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