Studied by 70 people
what legal proposition did Marbury v. Madison establish?
federal courts have the power to strike down laws that are inconsistent with the Consitution
unconsitutional and therefore void
contributed to the legal definition and power of the Court’s Judicial Review
According to De Tocqueville, why do American judges have immense political power that judges in other countries lack
american judges alone have the power to strike down laws that are inconsistent w/ the constitution
what position would marbury have held if Madision had delivered his commission
justice of the peace
before the end of the Adams administration, who was responsible for deliver Marbury’s commission
Adam’s secretary of state, john marshall
why didn’t the SC decided Marbury v. Madison in 1801 when the case was filed?
congress cancelled the 1802 sitting of the SC
the american power of judicial review
the authority to invalidate legislative or executive action which in the Court’s deems is unconstitutional
what power do judges in America, England, & France share
cases need to be brought to the judges first (if the law is not contested they do not discuss it)
pronounce special cases, not general principle (their decision is only determined in this one case example not for all future cases)
Inability to act unless it’s appealed to (devoid of action, they do not hunt criminals, the process is started by another)
French Constitution
changing the consitution is treason
England’s Constitution
is not written
parliament is creating and legislating the constitution continually
judicial review in the consitution
Article 3
Section 1: established judicial power
Section 2: judicial power extend to all cases under the US constitution and laws of the US
federalist 78 (Hamilton)
justice’s duty to declare all acts contrary to the constitution void
when a statute conflicts with the constitution, it is duty of the judicial branch to adhere to the constitution and disregard the incorrect law
the result of judicial review
any political question that is not resolved will end up in the court one day
american judges have political influence
what parts of the constitution support judicial review
Article 3
Section 1: The judicial Power of the United States shall be vested in one supreme court”
Section 2": The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority . . . “
why was marbury unable to assume his office
due to a last minute mix-up at the change in administration, his commission paperwork, executed by the Pres was never delivered to him by the secretary of state
writ of mandamus
“we command“
if the SC issued the writ, it would direct Madison to deliver Marbury his commission
James Madison was?
Thomas Jefferson’s secretary of state
he refused to deliver Marbury’s commission
marbury was a
“midnight judge“
serval judges appointed by John Adams on the eve of his surrendering his presidency to Thomas Jefferson
4 legal issues that Chief Marshall need to consider
If Marbury has a right, does the law give him a remedy?
Does Marbury have a right to his commisson?
If Marbury has a right, does the law give him a remedy?
May the judiciary issue of writ of mandamus to force the Pres to enforce the law?
May the SC issue a writ of mandamus?
Does Marbury have a right to his commisson?
Yes it was signed
If Marbury has a right, does the law give him a remedy?
Having the right provides him with a remedy
May the judiciary issue of writ of mandamus to force the Pres to enforce the law?
Yes the President need to follow the law
why was the issue of whether the SC could issue the writ of mandamus to the Secretary of State controversial
people were concerned that the judiciary might seize the opportunity to establish authority to direct high officers of the executive branch how to discharge their official responsibilities
if they could order Madison, what was stopping them from ordering another cabinet officer
May the SC issue a writ of mandamus?
Yes
Judiciary Act of 1789: provides SC the power to issue writ of mandamus
But they lacked jurisdiction
Article 3: The court only has original jurisdiction in cases affected ambassadors, public ministers, consuls, and which a state is a party
in all other cases they SC has appellate jurisdiction
judiciary act of 1789
power to issue writs of mandamus
What was found unconstitutional power?
to any persons holding office under the authority of the US
conflicted with Art 3 original jurisdiction cases
Appellate Jurisdiction
the case must go through the lower courts first then be appealed up to the SC
Marbury went straight to the SC
Original Jursidiction
the power to hear and lawsuit in first instance
original jurisdiction in cases affected ambassadors, public ministers, consuls, and which a state is a party
who won the case?
Madison
how Justice John Marshall increased the prestige of the Court
by ruling that it was out of the court’s powers to grant commission based on the Judiciary Act of 1789 had given too much unconstitutional power to the SC
he ruled that the courts and other departments are bound to the constitution
it is the duty of the judiciary department to say what the constitution means, established the overarching power to examine and decide constitutionally and challenge all acts of congress that challenged the court
Importance of Marbury and Madison
established Judiciary Review of Congressional Acts
the duty of the judicial department to say what the law it
Note 
Flashcard (53)