Marbury v. Madison
Text z Príbehu
- Case File
- Facts of the Case
- 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.
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