marbury v madsion

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  • How about; as a last act of genius, I appoint all federalist to the supreme court.
  • 1803 John Adams last night as president.
  • Adams told James Madison, Thomas Jefferson's secretary of state to deliver the commissions; one of them being William Marbury's, but Madison refused.
  • Yeah, um no.
  • Here, take these for me.
  • William Marbury along with a few others decided they would get their positions. In which Chief Justice John Marshall said they were entitled to.
  • I can just argue that the Judiciary Act of 1789 allows me to take this to the higher court and also I can petition a writ of mandamus.
  • Marshall writing for a unanimous court said that the article of Judiciary Act of 1789 that allowed the writ was not consistent with the constitution therefore it was said to be unconstitutional.
  • Sure, you are entitled to it but that does not make it constitutional.
  • Now with the opinion of the court against Marbury the short term effects of the case were to in a way deny the court of a power...
  • The long term effect was now that case in fact increased the courts power by allowing the court to establish that the duty of the judicial branch is to say what the law is. Therefore forming a checks and balances system establishing judicial review, a process to be carried out for the years to come.
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