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    Marbury V Madison

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    Pamela arzaga
    Marbury v Madison established the Supreme Court's power of judicial review. The case arose when President Adams appointed William Marbury as a justice of peace but his commission was not delivered by Secretary of State Madison before Thomas Jefferson took office. Marbury sued, seeking a writ of mandamus to force delivery. The Supreme Court ruled it did not have the power to issue writs of mandamus, establishing the principle of judicial review by declaring part of the Judiciary Act of 1789 unconstitutional. While Marbury had a right to the commission, the Supreme Court could not remedy it through mandamus as Congress had unconstitutionally given it original jurisdiction in this case.

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    Marbury V Madison

    Uploaded by

    Pamela arzaga
    25 views2 pages
    Marbury v Madison established the Supreme Court's power of judicial review. The case arose when President Adams appointed William Marbury as a justice of peace but his commission was not delivered by Secretary of State Madison before Thomas Jefferson took office. Marbury sued, seeking a writ of mandamus to force delivery. The Supreme Court ruled it did not have the power to issue writs of mandamus, establishing the principle of judicial review by declaring part of the Judiciary Act of 1789 unconstitutional. While Marbury had a right to the commission, the Supreme Court could not remedy it through mandamus as Congress had unconstitutionally given it original jurisdiction in this case.

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    Marbury v Madison

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    Marbury v Madison established the Supreme Court's power of judicial review. The case arose when President Adams appointed William Marbury as a justice of peace but his commission was not delivered by Secretary of State Madison before Thomas Jefferson took office. Marbury sued, seeking a writ of mandamus to force delivery. The Supreme Court ruled it did not have the power to issue writs of mandamus, establishing the principle of judicial review by declaring part of the Judiciary Act of 1789 unconstitutional. While Marbury had a right to the commission, the Supreme Court could not remedy it through mandamus as Congress had unconstitutionally given it original jurisdiction in this case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    25 views2 pages

    Marbury V Madison

    Uploaded by

    Pamela arzaga
    Marbury v Madison established the Supreme Court's power of judicial review. The case arose when President Adams appointed William Marbury as a justice of peace but his commission was not delivered by Secretary of State Madison before Thomas Jefferson took office. Marbury sued, seeking a writ of mandamus to force delivery. The Supreme Court ruled it did not have the power to issue writs of mandamus, establishing the principle of judicial review by declaring part of the Judiciary Act of 1789 unconstitutional. While Marbury had a right to the commission, the Supreme Court could not remedy it through mandamus as Congress had unconstitutionally given it original jurisdiction in this case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Marbury v Madison, 5 U.

    S (1 CRANCH) 137 (1803)

    Doctrine: The duty of the judiciary is to review and interpret of congress to determine
    whether they are constitutional or not.

    The court are vested authority to determine the legitimacy of the acts of the
    the executive and legislative whether they are constitutional or not

    Facts:

    On the last day in office of President John Adams names (42) forty two justice of
    peace and sixteen circuit court justices of Columbia under the organic law to take
    control of the judiciary before Thomas Jefferson took office.

    The commission was signed by President Adams and sealed by the acting
    secretary of state, John Marshall but they were not delivered before the expiration of
    Adam’s Term as President. When the new president Thomas Jefferson took the office
    he refuse to honor the commissions, claiming that they were invalid because they have
    not been delivered before the end of Presidents Adams’s Term.

    William Malburry was on of the intended recipient of appointment as justice of


    peace. Marbury directly went to supreme court to file his complaint, refusing for a writ of
    mandamus to compel Jefferson’s Secretary James Madison to deliver the commission.

    At that time the judiciary act 1789 granted the original jurisdiction to any courts
    appointed or persons holding office under the authority of the united states.

    Issues:

    1. Whether or not Marbury has right to the commission.


    2. Whether or not the law grants Marbury a remedy
    3. Whether or not mandamus that will be issued is the remedy.

    Ruling:

    1. Yes Marbury has the right to the commission. His rights originates’ on the act
    of congress passed on February 1801 provided in the clauses of the act three
    (3) District operations, which was satisfied.

    a. Nomination done by the president


    b. Appointment – Done by the President with the consent of the
    senate
    c. Commission – done by affixing the president signature along
    with the great seal done by Secretary of the State.

    Since the commission was signed and sealed was accomplish Marbury was appointed
    and given him authority and legal right to hold office (5) five years independent from the
    executive. That vested right must be protected by law.

    2. Yes the law grants Marbury a remedy.


    The every essence of civil rights is to provide remedy to an injured
    individual, the legal right of an individual is one of the first duties of the
    government that needs to be safeguarded. Since the president signed that
    commission therefore his vested legal right must be given remedy by law.

    3. No the writ f mandamus will be issued by the US Supreme court is not the
    remedy. The US Supreme court was not given the appellate jurisdiction to
    issue writs of mandamus. The strict foremost duty of judiciary is to review the
    act of congress and determine whether they constitutional or not. If
    necessary they are also talk to expound the and interpret the rule to particular
    cases. The act of issuing writ of mandamus to an officer is not allowed it is a
    matter of original jurisdiction.
    Disposition:
    Writ of Mandamus was denied Marbury, doesn’t get the commission.

    WRIT OF MANDAMUS – an order of the court to an inferior government official,


    ordering him to fulfil their official duties or correct an abuse of discretion.

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