Marbury v. Madison

Lame duck

Period between 2 presidential terms when no one holds office

Commission

Official document stating duties and powers

Writ of mandamus

Court order requiring a government official to carry out their official duty

Original jurisdiction

Authority of a court to be the first to hear and decide a case (higher court, happens rarely)

Appellate jurisdiction

The right of a court onto hear a case “on appeal” after the original court has acted (state and local cases)

Federalists support

John Adam’s

Antifederalists support

Thomas Jefferson

Question before the court:

Should the court issue a writ of mandamus ordering the Secretary of State to deliver commissions to marbury and others

What did marbury v Madison establish?

Judicial review

What was the issue?

Before Adam’s went out of office, he wrote many commissions to judges. After he was out of office, some of the commissions never got delivered. Marbury, a judge, did not receive his commission and was angry. Marbury tried to sue Madison using a writ of mandamus.

What was the constitutional clause used?

Jurisdiction power in Article 3

What was the decision?

Marbury had the legal right to his commission, the writ of mandamus was the proper way to receive it, BUT, the court does not have the authority to grant a writ of mandamus.

Marshall gave the court power of…

Judicial review

What is judicial review?

The federal courts can declare acts of Congress unconstitutional