Marbury V. Madison

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10 Terms

1
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what was the political state of the nation before the Marbury v Madison case

After the election of 1800, Thomas Jefferson beats John Adams, putting Federalist power in danger.

2
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what does Adams do to ensure that federalists stay in power

he appoints a bunch of federalists to government positions

3
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What happened to Willaim Marbury’s appointment

Adams had signed Marbury’s commission at midnight (before the official end of his presidency) but failed to send it out as his final act as president

4
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Once in office, what did Thomas Jefferson do

he told his secretary of state, James Madison, to withhold Marbury’s commission

5
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what did Marbury do after his commission was withheld by James Madison

he petitioned the supreme court to write a writ of mandamus to compel Madison to act

6
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who was the presiding judge

John Marshall

7
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What did John Marshall decide

Marshall declared that Marbury had a right to his commission, but he also decided that the Judiciary Act of 1789 that granted the court the right to issue writs of mandamus (the remedy Marbury wanted) was unconstitutional.

8
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what was the result of John Marshall’s ruling

he asserted the supreme court’s authority to interpret the constitution and check the other branches of government through judicial review

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why did John Marshall deem the writ of mandamus part of the Judiciary Act unconstitutional

Because the constitution granted the supreme court jurisdiction over certain types of cases (i.e. cases involving ambassadors, or states as parties) However, the judiciary act expanded this jurisdiction, allowing the court to issue writs of mandamus not covered by the constitution’s original jurisdiction

Marshall ruled that this expansion of the court’s jurisdiction was unconstitutional because the constitution had set the limits and congress could not extend it

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what did Marshall’s decision establish

Judicial review

this decision emphasized the idea that the constitution is the supreme law and if a law passed by congress contradicts it, the courts have the authority to declare it invalid.