Marbury v. Madison
Текст на Статията
- The Marbury v. Madison case was based on a man named William Marbury that wanted to be a judge but couldn't because secretary of state, James Madison was told by Thomas Jefferson to not deliver the commissions because he did not like what John Adams appointed, a bunch of men to be justices of the peace in the District of Columbia. Marbury was upset and wanted to be a judge so decided to issue a legal order to the supreme court called the writ of mandamus.
- The Supreme Court agreed that Marbury had the right to receive his commission, but disagreed that the court had the power to issue the writ because only certain kinds of cases can start in the supreme court which made the Judiciary Act of 1789 unconstitutional. Congress did not have the power to allow more kinds of cases to start in the supreme court. The supreme court could not help Marbury get his commission.
- The Supreme court having the final say about what is constitutional is called Judicial Review. The decision in Marbury v. Madison helped cement the judicial branch as equal with the other two branches of government by giving it equal power.
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