Marbury v Madison

judiciary act of 1789

relevant clauses or amendments

William Marbury

was supposed to get a commission to be a judge, but did not get the official paperwork before the president changed from adams to jefferson

Madision

refused to deliver the commission,

marbury

sued, asking court to force Madison to deliver the Commission

marbury

argued the court had the authority to do so because Congress gave them the power in the judiciary act

argument in favor of marbury

marbury’s commission is valid, and therefore required whether or not it was physically delivered

argument in favor of marbury

the judiciary act of 1789 clearly gives the court the authority to rule on this, and to force Madison to deliver the commission

argument in favor of madison

because the commission was not delivered in time, it is not valid. the process has to be complete before the presidents change

argument in favor of madison

the issue is not one that should be appearing before the supreme court, as it does not fall under the court’s constitutional original jurisdiction

outcome

Madison is not required to deliver the commission

outcome

the court found that the judiciary act conflicted with the constitution

outcome

this established the power of judicial revirew

judicial review

the ability of the courts to compare laws and actions to the constitution and nullify actions which are inconsistent with it

marshall’s opinion

challenged the authority of the judiciary act

marshall’s opinion

court cannot go beyond ‘original jurisdiction‘

marshall’s opinion

the constitution is superior to the laws, therefore the supreme court cannot change it

marshall’s opinion

supreme court ‘says what the law is‘

marshall’s opinion

gave the court power to overturn unconstitutional laws

marshall’s opinion

precedent - standard followed by later court decisions