Marbury v. Madison

Marbury v. Madison

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  • What the heck is this?
  • One of the first acts was to repeal the Judiciary Act of 1801. This created a number of new judge ships. President Adams had attempted to fill the vacancies. He sent out 17 commissions to James Madison, but the commissions had not been delivered.
  • Marbury sued the secretary of state , James Madison, and forced him to deliver his commission as a justice of peace.
  • Marshall understood that if Marbury was awarded this, the Jefferson Administration would ignore it. Marshall declared that Madison should have delivered the commission to Marbury.
  • The chief justice ruled that the court could not grant the writ because section 13 of the Judicial Administration of 1789, which granted to do so, was unconstitutional. 
  • Marbury was denied his commission which pleased Jefferson.
  • The Supreme Court would not declare another act of congress unconstitutional. Judicial review, the supreme court is the final interpreter of all laws.
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