Malbury v. Madison

Malbury v. Madison

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  • Marbury v. Madison 1803
  • James Madison refused to deliver Marbury's commission.
  • William Marbury, with three other similar situated appointees, petitioned for a writ of mandamus compelling delivery of the commissions.
  • The constitutional question was if congress could expand the original jurisdiction of the Supreme Court.
  • The Justices voted unanimously 4-0.
  • Chief Justice John Marshall wrote the majority opinion. They denied the petition and refused to issue the writ. Even though the petitioners were entitled to their commissions, the constitution didn't give the Supreme Court the power to issue writs of mandamus. This Supreme Court decision established judicial review.
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