Marbury v Madison

Marbury v Madison

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  • In the last days of his presidency, John Adams appointed A large number of Justices of peace, all from the Federalist party.
  • Before Jefferson takes over as president, I'd like to appoint you as a justice of peace.
  • Well that's good. Jefferson would NEVER appoint me.
  • The new president, Thomas Jefferson, told his secretary of state, James Madison, to not deliver the commissions.
  • I don't want you to deliver William Marbury's commission to him.
  • Funny how my commission never arrived...'m going to go demand an answer from my friend John Marshall. Hes another federalist, and will help me out.
  • Marbury petitioned the supreme court for a Writ of Mandamus compelling Madison to give a reason why Marbury hadn't received his commission.
  • Make Madison give me my job!!
  • Chief Justice John Marshall had to decide if the Supreme Court could offer a writ.
  • Well I agree that withholding your commission is unjust, I'll have to look over the Judiciary Act before I make a ruling.
  • I've reviewed the case, and ruled that section 13 of the Judiciary Act of 1789 is unconstitutional. Article VI states that I have the obligation to uphold the supreme law of the land, so I can not extend original jurisdiction and grand Marbury a writ
  • That was a close call!
  • uggghhh!!
  • John Marshall established the obligation of the supreme court to uphold the constitution, even when an act of congress is in conflict with the constitution. This is now called "judicial review". Marshall's ruling in Marbury v Madison has been cited whenever the supreme court needs to reestablish its legitimacy.
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