Marbury vs. Madison

Marbury vs. Madison

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  • I appoint you as Justice of the Peace.
  • Marbury vs. Madison (1803) Mariah Uustal Period 1
  • Federalist President John Adams appoints William Marbury and others to try to increase the influence of the Federalist Party before he left office. 
  • "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each."
  • John Adams' Presidency ended before he could finish the appointment process.
  • Thomas Jefferson and his secretary of state, James Madison refused to finish it.
  • Case was brought to Supreme Court. Chief Justice Marshall ruled that Marbury was entitled to his judgeship, but he could not enforce it. Thomas Jefferson had the final decision.
  • Judiciary Act was in error. Established Judicial Review Article III of the Constitution was meant to be limited to cases explicitly mentioned: Ambassador, foreign minister or a state is a party The Court ruled Sec. 13 of Act unconstitutional Article six states the Constitution is the supreme law of the land.
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