History 08: Section 32
February 18, 2011
Marbury vs. Madison
Dear Editor and Chief
I’m very delighted to hear the outcome of the Marbury vs. Madison trial. It brings me great pleasure to be able to say that the republican/democratic party won. I do have to say I was very surprised at the outcome of this trial even with Adams appointing the midnight judges. This court ruling was truly one that should be written down for the textbooks. I would like you to highly consider publishing my article about this case in the local newspaper. But the point of me writing to you is to address some serious issues that happened during the trial such as the midnight judges, the judicial Review and how Marshall was accused of being guilty of judicial activism.
The first issue about the trial I would like to address was the use of these “Midnight Judges.” Personally I think that Adams was completely out of line when he appointed these people as last minute jurors. It was completely unfair for us because every single one of those midnight judges was a federalist and this was a case of federalist vs. democrat/republican. These midnight judges having similar views as the Federalist Party did would have most certainly sided with them without even taking into account our testimony. We would have lost for sure, had Marshall not brought up the fact that any time a law is in conflict with the constitution the constitution must take precedence.
... giving false information to a law enforcement officer. The prosecution, Judge Perry, America, and even Casey Anthony are shocked. People ... was a murder trial. In April 19, 2010, Casey Anthony’s defense team wrote a statement accusing Judge Strickland of ... neglect, making false official statements, and obstructing an investigation. Judge John Jordan was the one person standing between Casey and ...
I think that Marshall was a brilliant man. The democrat/republican party would have lost this trial for sure had it not been for him. All the jurors for the trial were federalist so he was already in a very sticky situation but the way that he managed to save the trial and turn it around was amazing. Marshall reminded the judge that any time a law is in conflict with the constitution the constitution must take precedence. This worked so well because it was not just a victory for us it was also a victory for the Supreme Court and the judicial branch of the government. The trial established a power in the Supreme Court’s life time justices to decide whether or not a given law is constitutional thereby establishing the precedent of the judicial review.
Marshall was accused of taking part in judicial activism during the trial. Marshall had denied Marbury his request for a writ of mandamus thus revealing that the Supreme Court lacked the authority to issue a writ of mandamus. He said this because section 13 of the judiciary act was in direct conflict with the constitution and was therefore unconstitutional. This ruling by Marshall effectively had the laws changed normally it was only the legislators who had the ability to change the laws. Thus people were angered with Marshall and accused him of being guilty of judicial activism.
This entire trial was truly an experience to remember the republican. Democratic party would have lost to Madison for sure if Marshall had not been there. Marshall had effectively had the law changed and created acts that are still sustained today “the judiciary review.” In the end the Republican/Democratic party had beaten the Federalist Party because of one of the midnight judges that the Federalist Party had assigned to begin with.