Marbury v Madison
Background and Explanation
Marbury v. Madison was a historic case that established the precedent of judicial review. The ruling cemented the authority of the Judicial Branch to declare a law unconstitutional and firmly established the checks and balances the founding fathers had intended.
Just as George Washington helped shape the actual form that the executive branch would take, so the third chief justice, John Marshall, shaped the role that the courts would play.
Under the administrations of Washington and his successor, John Adams, only members of the ruling Federalist Party were appointed to the bench, and under the terms of the Constitution, they held office for life during “good behavior.” Thus, when the opposing republicans won the election of 1800, the Jeffersonians found that while they controlled the presidency and Congress, the Federalists still dominated the judiciary. One of the first acts of the new administration was to repeal the Judiciary Act of 1800, which had created a number of new judgeships. Although President Adams had attempted to fill the vacancies prior to the end of his term, a number of commissions had not been delivered, and one of the appointees, William Marbury, sued Secretary of State James Madison to force him to deliver his commission as a justice of the peace.
The new chief justice, John Marshall, understood that if the Court awarded Marbury a writ of mandamus (an order to force Madison to deliver the commission) the Jefferson administration would ignore it, and thus significantly weaken the authority of the courts. On the other hand, if the Court denied the writ, it might well appear that the justices had acted out of fear. Either case would be a denial of the basic principle of the supremacy of the law.
Marshall’s decision in this case has been hailed as a judicial tour de force. In essence, he declared that Madison should have delivered the commission to Marbury, but then held that the section of the Judiciary Act of 1789 that gave the Supreme Court the power to issue writs of mandamus exceeded the authority allotted the Court under Article III of the Constitution, and was therefore null and void. Thus he was able to chastise the Jeffersonians and yet not create a situation in which a court order would be flouted.
The critical importance of Marbury is the assumption of several powers by the Supreme Court. One was the authority to declare acts of Congress, and by implication acts of the president, unconstitutional if they exceeded the powers granted by the Constitution. But even more important, the Court became the arbiter of the Constitution, the final authority on what the document meant. As such, the Supreme Court became in fact as well as in theory an equal partner in government, and it has played that role ever since.
The Court would not declare another act of Congress unconstitutional until 1857, and it has used that power sparingly. But through its role as arbiter of the Constitution, it has, especially in the twentieth century, been the chief agency for the expansion of individual rights.
For further reading: George L. Haskins and Herbert A. Johnson, Foundations of Power: John Marshall, 1801-1815 (1981); Donald O. Dewey, Marshall v. Jefferson: The Political Background of Marbury v. Madison (1970).
¹ JMU Editor: “Jeffersonians” and “Republicans” refer to the adherents of the same party, the party of Thomas Jefferson and James Madison, which at this web site will consistently be referred to as the Democratic-Republican party. The “Federalists” were the party of John Adams and Alexander Hamilton For more on the party system, go to “Two Parties and the First Two Party System” in “James Madison: His Legacy.” [Back up to note marker.]
Prevention of Cruelty to, and Protection of, Children Act – 1889
Ma
Roe v. Wade – 1973
Landmark case regarding the right of a woman to have an abortion.
This case is constantly misinterpreted; the case was a ruling on a very narrow scenario based on declaring the Texas Abortion Law to be too vague and an additional claim of the violation of the 9 th ammendment rights.
The case has been interpreted and touted as outrightly declaring unbridaled abortion to be legal and that the “State” had no right to regulate it. This in fact is a gross exaggeration if not outright lie.
| Useful Information | Perspectives | Strategy & Maxims | Historical Documents | Landmark Cases | Social Phylosophy | Disaster Planning |
Ticks and Other
Insect Vector-Borne Health Risks
TEOTOWAKI Will Never Happen
The 3’s of Survival Are Worthless Tripe
Knowledge Is NOT Power !!
Learn What Is
Anti-Government & Other
Counter Productive Attitudes
Radioactive Fallout in Water Soon to Hit
the West Coast of the USA and Canada
Prudent Steps to Prepare
Hot – Breaking Topics & News
Do you have a Faraday Cage?
Earthquakes Happen Everyday What Should You Know?
Earthquake Live Feed Interactive Map
Never Heat Food or Water in Plastic
With Recycle Codes 1, 3, or 7
PETE or PVC Plastic NEVER !!
What should you do if you breakdown on the highway?
Comfort & Routine Is Your Survival
Military Styled BugOut Plans Don’t Work
I Choose the Country Lifestyle
Urban or Rural?
If You BugOut Without A Plan
You Are A Refugee
Winter Travel in Your Vehicle? Have a Kit
If the roads are flooded what should you do?
I came around the corner right into a giant puddle
Now what should I do?
If You Are Away From Home Be Prepared
You Might Not Be Able to Get Home
Water – What You Need to Know
Silver Solutions the Good, the Bad and the Facts
Understand Social Order and Teamwork
If You Want to Survive a Disaster – Sociology 101
Everything You Need to Know to be a Leader
Colloidial or Ionic Silver
Urban Dweller Perspectives on Survival
Learn How to Cut Your WayThrough the BS and Get the True Facts
Outdoor & Hiking Survival Skills & Tips
General Preparedness Tips & Skills
For Personal Home & Businesses
Urban Dwelling Requires
Special Survival Skills Every Day
Things That You Need to Know
If You Are A Hunter or Survivalist
If You Are A Prepper
These Skills Are For You
If you really want to survive, You need to understand how to build a team, lead it, create a societal structure, and history
Understand water; What you need, How stay hydrated, How to harvest it, How to carry it, How to Treat, Filter, and Purify It
Every time that you get into your vehicle; car, truck, van, etc. You are at risk. Even in the parking lot. Before you go on the road prepare and educate yourself.
Find Lots of Great Information
From Governmental Sources
Environmental, Legal, Government, & More
Please contact our Webmaster with questions or comments. © Copyright 2011 PracticeSurvival.com, SurviveWithWill.com Integrity Protection Service All rights reserved. Reproduction, printing, redistribution without expressed written permission is forbidden and illegal.
PracticeSurvival.com Disclaimer Notice
All of the information on this website is offered on the strict basis that you and others will exercise proper caution and care in doing any of the things that are presented on this site. YOU are solely responsible for the use to which you put this material. You must take responsibility for your own actions.
These pages are intended to open your eyes, begin your road to enlightenment. We are on a shoe string budget so we do our best to edit and error check, if there may be some typos for which we appologize in advance. The idea is to introduce ideas for you to investigate further and prepare you to understand his classes. Some activities related to wilderness survival and preparedness can be dangerous if done without proper care and attention. Please be careful and attentive when engaging in any of these activities.
Be reasonable, responsible, take proper precautions, and exercise common sense.
The techniques shown on this website are meant solely for use in primitive wilderness survival and emergency off grid situations. Please note that in most places it is illegal to use some of the methods suggested to capture animals unless you are actually in a life and death survival situation.
Contact Info: PO Box 1448, Bellmawr, NJ 08099 USA Email: info@survivewithwill.com Phone: 856-861-0300
