The founding fathers framed the United States Constitution to protect the weak from the strong, and to guarantee fairness, liberty and equality to all.In doing so they would avoid a centralized, tyrannical authority that could infringe on individual human rights.It formed three branches of government to ensure that no one branch had more power over another.It created a bicameral legislature (the House of Representatives and Senate) which enacted the laws.Along with this, the executive branch consisted of the president who had the right to veto the laws Congress passed and his cabinet departments that implemented his policies.The writers of the Constitution had given the executive and legislative branches powers that would limit each other as well as limit the judiciary branch.The role of the judiciary branch was not settled until the Marbury vs. Madison trial declared the concept of judicial review.
Federalist John Marshall was appointed by outgoing President John Adams as the Chief Justice of the courts.Upon doing this, Adams was accused of attempting to cement the Federalist views in the judicial branch that he had been trying to instill throughout his presidency.Thomas Jefferson, the new president, strongly disagreed with Adams’ supposed plot, and it became evident that there would be issues between the Jeffersonian President and the Federalist courts.
President Jefferson’s secretary of state, James Madison, refused to deliver the appointment Adams had made for William Marbury to be named Justice of the Peace.As a result, the disgruntled appointee, Marbury, sued the executive, Madison, for a writ of mandamus.That is, “a command issuing in the name of the sovereign authority from a superior court having jurisdiction directed to some person… requiring them to do some particular thing… which the superior court has previously determined, or at least supposes to be consonant to right and justice” (Onli