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I WILL NOT!!!
Give me the official papers to have my position as a judge!
I WILL SUE!
We can't make a decision! Marbury wins= Jefferson will ignore the decision and judiciary would be weak. Madison wins= The court would look like it is afraid of the executive and seen as weak.
Congress closed the supreme court for a year in 1803
Under the 5th Amendment Marbury's due process rights were violated. The court has the power to remedy through the writ of Mandamus from the Judiciary act of 1789 Section 13. However, the legislature doesn't have the authority to amend the original jurisdiction of the supreme Court. Therefore Section 13 of the Judiciary Act of 1789 violates Article III of the Constitution.
We have a solution: The Judicial Branch will be protected and preserved. The Judicial Review will give the courts the power to check the laws and actions of the legislative and executive branches.
...which influenced today's checks and balances
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