Marbury v. Madison establishes judicial review

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  • William Marbury had just been commission by President John Adams
  • James Madison refuse to deliver the commmission
  • If I don't get my commission letters, I'am going to sue
  • The court had no jurisdiction in the case and could not force Jefferson and Madison to seat Marbury.
  • John Marshall argued that acts of Congress in conflict with the Constitution are not law and therefore are non-binding to the courts, and that the judiciary's first responsibility is always to uphold the Constitution.
  • From that point on,the Judiciary Act of 1789 gave the Supreme Court jurisdiction
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