Marbury v Madison

The Story of the Case

New justice positions were created in the Supreme Court right before President Adams presidency was over.

He appointed justices with a federal ideology

The last minute appointments were never fully approved.

Because the positions were never approved entirely by Congress one of the last minute appointed justices' (Justice Marbury) filed a lawsuit for being denied his postion.

The Story cont.

Per the Judiciary act of 1789 Marbury ordered a writ of mandamus from the Supreme Court under Section 13 of the bill

What Part of the Constitution Was Violated

In Article III Section II there is a specific outline in where the Supreme Court has appellate and Original jurisdiction the Judiciary Act of 1798 section 13 violated that part of the constitution when Congress extended those powers in the Act.

Article VI was violated because Congress placed a legislation that went against the constitution but in Article VI Supremacy Clause it states the Constitution is above any piece of legislation passed by Congress.

Original Questions

Can Marbury be allowed his appointment?

Can the Marbury file his complaint at the Supreme Court?

Can the Supreme Court look at the constitutionality of laws?

The problem with Marbury filing a lawsuit to the Supreme Court was that per the Judiciary Act he was asking the Supreme Court to issue a writ of mandamus.

When the Case Made it to the Supreme Court

The case made it to the court on March 2,1801

The case started days before President Jefferson was inaugurated as president.

Final Decision and Impact on Citizens

It was decided that Marbury was allowed to file a lawsuit to the Supreme Court and should have been given his appointment per the Constitution

The Supreme Court could not issue a writ of mandamus

The Supreme Court can look at the constitutionality of laws

Citizens can have more of their rights protected and always get rid of legislation that they believe is not benefiting the public.

Sources

MARBURY v. MADISON. The Oyez Project at IIT Chicago-Kent College of Law. 04 March 2012. <http://www.oyez.org/cases/1792-1850/1803/1803_0>.

Lawnix. "Marbury v. Madison â Case Brief Summary." �� Marbury v. Madison â Case Brief Summary�� . Lawnix. Web. 08 Mar. 2012. <http://www.lawnix.com/cases/marbury-madison.html>.