Marbury v Madison

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Background

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John Adams promised (federal) jobs to many federalists before Thomas Jefferson became president. Thomas Jefferson denied any promises that were not yet finalized. William Marbury sued Jefferson because he was promised a job

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Writ of Mandamus

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A court order for an official to do what they’re legally required to do. Madison wanted this to happen

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8 Terms

1

Background

John Adams promised (federal) jobs to many federalists before Thomas Jefferson became president. Thomas Jefferson denied any promises that were not yet finalized. William Marbury sued Jefferson because he was promised a job

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2

Writ of Mandamus

A court order for an official to do what they’re legally required to do. Madison wanted this to happen

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3

Constitutional Principle

Jurisdiction clauses in Article III of the Constitution

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4

Original Jursidiction

Supreme court has the power to listen to a case for the first time (VERY LIMITED), only states or involving state ambassadors)

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5

Appellate Jurisdiction

Supreme court has the power to hear appeals from the lower federal courts in other cases

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6

Questions made by John Marshall (3)

  1. Does Marbury have the legal right to his commission?

  2. If yes, is the court ordered Writ of Mandamus the proper legal means to get the commission?

  3. If yes, does the court have the authority to grant the Writ if Mandamus?

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7

Decision

  1. Yes, 2. Yes, 3. No

  2. Article 13 of the Judiciary act is unconstitutional and therefore null and void

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8

What was established?

Judicial review!! (the ability for laws, acts, and governmental actions to be invalidated)

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