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    U.S. Supreme Court Judicial Review: Marbury v. Madison (1803), Was A

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    Izzat Fatima
    Marbury v. Madison (1803) established the principle of judicial review in the United States, granting American courts the power to invalidate laws found to violate the Constitution. The case arose after newly elected President Thomas Jefferson instructed his Secretary of State, James Madison, to withhold judicial commissions signed by outgoing President John Adams. William Marbury sued, seeking a writ of mandamus to force Madison to deliver his commission. While finding Madison's refusal was illegal, the Supreme Court under Chief Justice John Marshall ruled it did not have jurisdiction and struck down the law granting it authority, establishing judicial review.

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    U.S. Supreme Court Judicial Review: Marbury v. Madison (1803), Was A

    Uploaded by

    Izzat Fatima
    56 views3 pages
    Marbury v. Madison (1803) established the principle of judicial review in the United States, granting American courts the power to invalidate laws found to violate the Constitution. The case arose after newly elected President Thomas Jefferson instructed his Secretary of State, James Madison, to withhold judicial commissions signed by outgoing President John Adams. William Marbury sued, seeking a writ of mandamus to force Madison to deliver his commission. While finding Madison's refusal was illegal, the Supreme Court under Chief Justice John Marshall ruled it did not have jurisdiction and struck down the law granting it authority, establishing judicial review.

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    Marbury vs Madison

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    Marbury v. Madison (1803) established the principle of judicial review in the United States, granting American courts the power to invalidate laws found to violate the Constitution. The case arose after newly elected President Thomas Jefferson instructed his Secretary of State, James Madison, to withhold judicial commissions signed by outgoing President John Adams. William Marbury sued, seeking a writ of mandamus to force Madison to deliver his commission. While finding Madison's refusal was illegal, the Supreme Court under Chief Justice John Marshall ruled it did not have jurisdiction and struck down the law granting it authority, establishing judicial review.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    56 views3 pages

    U.S. Supreme Court Judicial Review: Marbury v. Madison (1803), Was A

    Uploaded by

    Izzat Fatima
    Marbury v. Madison (1803) established the principle of judicial review in the United States, granting American courts the power to invalidate laws found to violate the Constitution. The case arose after newly elected President Thomas Jefferson instructed his Secretary of State, James Madison, to withhold judicial commissions signed by outgoing President John Adams. William Marbury sued, seeking a writ of mandamus to force Madison to deliver his commission. While finding Madison's refusal was illegal, the Supreme Court under Chief Justice John Marshall ruled it did not have jurisdiction and struck down the law granting it authority, establishing judicial review.

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    Marbury v.

    Madison (1803), was a U.S. Supreme Court case that established


    the principle of judicial review in the United States

    Meaning that American courts have the power to strike down laws, statutes,
    and some government actions that contravene the U.S. Constitution.

    Decided in 1803, Marbury remains the single most important decision in


    American constitutional law.

    The Court's landmark decision established that the U.S. Constitution is actual
    "law", not just a statement of political principles and ideals.
    It define the boundary between executive and judicial branches of
    the American form of government.

    The case originated from the political and ideological rivalry between
    outgoing U.S. President John Adams, who espoused the pro-business and
    pro-national-government ideals of the Federalist Party, and incoming
    President Thomas Jefferson, who led the Democratic-Republican Party and
    favored agriculture and decentralization.
    Backgroud
    Adams had lost the U.S. presidential election of 1800 to Jefferson, and in
    March 1801, just two days before his term as president ended, Adams
    appointed several dozen Federalist Party supporters to new circuit judge
    and justice of the peace positions in an attempt to frustrate Jefferson and his
    supporters in the Democratic-Republican Party.
    The U.S. Senate quickly confirmed Adams's appointments, but upon
    Jefferson's inauguration two days later, a few of the new judges' commissions
    still had not been delivered.
    Jefferson believed the commissions were void because they had not been
    delivered in time, and instructed his new Secretary of State, James Madison,
    not to deliver them.
    One of the men whose commissions had not been delivered in time
    was William Marbury, a Maryland businessman who had been a strong
    supporter of Adams and the Federalists. In late 1801, after Madison had
    repeatedly refused to deliver his commission, Marbury filed a lawsuit in the
    Supreme Court asking the Court to issue a writ of mandamus forcing Madison
    to deliver his commission.
    In an opinion written by Chief Justice John Marshall, the Court held firstly that
    Madison's refusal to deliver Marbury's commission was illegal, and secondly
    that it was normally proper for a court in such situations to order the
    government official in question to deliver the commission. [6] However, in
    Marbury's case, the Court did not order Madison to comply. Examining the law
    Congress had passed that gave the Supreme Court jurisdiction over types of
    cases like Marbury's, Marshall found that it had expanded the definition of the
    Supreme Court's jurisdiction beyond what was originally set down in the U.S.
    Constitution.[7] Marshall then struck down the law, announcing that American
    courts have the power to invalidate laws that they find to violate the
    Constitution.[8] Because this meant the Court had no jurisdiction over the case,
    it could not issue the writ that Marbury had requested

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