Marbury vs. Madison
Text z Príbehu
- JUDICIARY ACT OF -1789-The power to enforce presidential appointments
- APPROVED
- John Adams appoints Marbury (Federalist) to the justice of the Peace in D.C. He was the last man appointed.
- I'm giving you the job I will have Madison deliver the commissions to you later.
- Thank you, I will fill them out when I have them.
- Jefferson takes office as an Republican and tells Madison the secretary of state not to deliver commissions.
- Do not deliver commission.
- OK?
- Tell Madison he needs to deliver my commissions you have the power too.
- Marbury decides to take Madison to court. He ask the S.C.O.T.U.S to use their power from the Judiciary Act to force Madison to deliver the papers.
- HE DIDN'T DELIVER MY COMMISSIONS!!!
- We have decided...
- In the case Marbury vs. Madison the S.C.O.T.U.S voted that Marbury had the right to his appointment. But they would not enforce it, S.C.O.T.U.S declared.
- This law was unconstitutional because it entangled the Supreme Court with the Presidency, + the U.S constitution calls for separation of powers. The only power it gained was Judicial Review was used for the first time in this case. So Marbury never got the Justice Of Peace job.
- This law was unconstitutional because it
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