Marbury v Madison

Marbury v Madison

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  • Actually... - Madison
  • How dare you take my commission! That's against the law! -
  • Let's go to court! 
  • He doesn't deserve them! 
  • Looks like we need a trial.
  • Later that month .... 
  • If I force Madison to hand over the papers it goes against the constitution. But, if I let him keep them, it is doing a social injustice to Marbury. This is a tricky one... 
  • He doesn't deserve his papers. No where in the constitution does it say I have to give them up.
  • He needs to give me my commissions now! This is childish and unjust!
  • Gentlemen, according to the Constitution, Marbury is entitled to his commission. However, The Judiciary Act of 1789 violates the constitution in saying that commissions have to be delivered and I do not have the authority to make Madison deliver them. But, as the chief justice I am now declaring that the supreme court has distinguished powers from the executive branch.
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