AP Gov: Marbury v. Madison

Marbury v. Madison

Supremacy clause, state local and federal can't be against constitution, implied powers

William marbury

justice of peace for the District of Columbia during presidency of Adams (Feds)

James madison

Who was the secretary for Thomas Jefferson the anti fed

Supreme Court Justice john marshall

Who was the case lead by

1803, argued on 2/11 AP decided on 2/24

(Time: two parties of anti Feds and federalists) flip slide

John Marshall had to deliver those to carry on federal legacy by expanding judges in judiciary

Who was john adams secretary of state

If need be Supreme Court can command something to happened, so (Amendment usually) but By passing legislation? = the writ from Adams, Marshall thinks there's too much power, it could allow judicial branch too much power

Writ of mandamus

Judiciary act of 1789

set up the judicial system- low and inferior courts

Questions

Portion of the law is in conflict with constitution
1. legal harm to William marbury?
President was illegal by refusing to deliver
2. Is there a remedy within the law?
Marshall says since marbury didn't receive it, he has the right to sue
Looks like marbury will win
3. Can the Supreme Court do anything about it?

Judiciary act of 1789 writ of mandamus expands original jurisdiction
No powers expressed in article 3
Original- hears case first lower
Appellate- hears
Majority that supreme courts hear are appellate

Problem

Essentially amending the constitution (article 5)
Must be null and void
Article 3 section 2 conflict with the writ
Judicial review- courts greatest power, only Supreme Court can say the constitution,
Supreme Court interprets constitution, because of marbury v, Madison

judiciary act 1789 is unconstitutional because...

secretary of states of Adam, then Supreme Court justice (conflict of interests)

Marshall was both...

Interpretation, implied power, judicial review

To answer a question use...

Judiciary act of 1789

gave Supreme Court the power to issue a writ of mandamus, but they ruled that the act, which changed original jurisdiction as set forth in the constitution, was unconstitutional

Supreme Court cannot issue it

Unanimous that marbury did have the right to his commission, but....

"supreme law of the land" and that the Supreme Court has final say over the meaning of the constitution

All four judges agreed that the constitution is the...

Unconstitutional

The case of marbury v. Madison gave the Supreme Court the power to declare an act of congress...

check and balance over legislative, executive branch

Judicial review provides the branch to....