24 fev 1803 ano - John Marshall and the Supreme Court: Marbury v. Madison

Descrição:

John Marshall, the cousin of George Washington, was a Federalist judge who had been appointed Chief Justice of the Supreme Court during John Adams’ presidency. Marshall imposed a powerful impact on the Supreme Court during his 34 years as a judge. Marshall made several decisions to the detriment of the rights of the states but was able to reinforce the central government. Marbury v. Madison went through to the Supreme Court in 1803. Marshall’s first significant case, in which he decided, put him in direct confrontation with President Jefferson. Jefferson was in favor of blocking Federalist judges selected by the former president, John Adams, after taking his seat in office. Jefferson ordered James Madison, the Secretary of State, not to deliver the commissions to the Federalist's judges. William Marbury, one of Adams’ midnight appointments, decided to sue for his commission. Marshall proceeded to the realization that Marbury had an obligation to his commission, according to the Judiciary Act. Marshall argues, however, that the Judiciary Act grants the Court more authority than the Constitution allows, so Marbury was unable to obtain his commission. This was the first case of the U.S. Supreme Court to implement the idea of judicial review. Judicial review is the ability of the judiciary to review and determine if the actions of the executive, legislative, and judicial branches are lawfully compatible with the Constitution. It also allows courts the right to declare an action to be unconstitutional by the executive or legislative branch. Jefferson was determined to remove judges with Federalist values and supported a campaign of
impeachment. The House and Senate voted for the impeachment and removal of a federalist judge who was found to be mentally unstable. The House wanted to impeach Supreme Court justice Samuel Chase but was unable to after he was acquitted when no evidence of high crimes was found by the Senate. The impeachment movement did not last for long, excluding these cases, and came to be a failure as almost all Federalist judges remained in office.

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