I have to write these tonight heh Thomas wont know whats coming
Question Before the Court
Why not
Never
But we cant
Of Course we Should
I don't know
Should we appoint it ????
Marbury v. Madison
The Argument for the Petitioner
WHAT !!! they shalt not be granted power to bestow Marbury commision
The case originated from a political and ideological rivalry between outgoing President John Adam's and incoming President Thomas Jefferson
Arguments for the Respondent
I issue a write mandamus
The issue was whether or not the court had to approve appointments made in the last days of John Adam's presidency.
Decision
We declare this unconstitutional we claim the right of final authority
In Marshall's Opinion, Congress could not give the Supreme Court the power to issue an order granting Marbury his commission. Marshall argues that the constitution is the "supreme law of the land" and that the Supreme Court has the Final say over the meaning of the Constitution.
Marbury sued Madison for the missing commissions. Marbury issued a writ of mandamus and the case was then brought to the Supreme Court.
The Supreme Court Ruled the power of federal courts to declare legislative and executive acts unconstitutional. This was the first time the Courts openly declared an act of COngress unconstitutional and claimed the right to be the final authority.