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Home > Marbury v. Madison


 

Marbury v. Madison, (5 U.S. 137 ( 1803) is a landmark case in American law where the U.S. Supreme Court established judicial review as a legitimate power of the Court on Constitutional grounds. Specifically, the Court ruled that it had the power to declare a statute void that it considered in contravention to the Constitution.

1 Background

Marbury is such an important case in American law because it established the judiciary--and in particular, the Supreme Court--as an equal partner among the three branches of American government. After the Marbury decision the Court was able to significantly affect and even alter decisions made by the executive and legislative branches.

2 The case

In the Presidential election of 1800, Thomas Jefferson defeated John Adams, becoming the third U.S. President. Although the election was decided on February 17, Jefferson did not take office until March 4. Until that time, Adams and the Federalist-controlled Congress were still in power. Congress passed a new Judiciary Act, creating a number of new federalist courts.

On March 2March 2 is the 61st day of the year in the Gregorian Calendar (62nd in leap years). There are 304 days remaining. Events 986 Louis V becomes King of the Franks. 1717 The Loves of Mars and Venus became the first ballet performed in England. 1791 Long dista, Adams appointed 42 Federalists to these courts while sitting as a lame duckA lame duck is an elected official currently in office whose replacement has been chosen, but not yet formally sworn in. Whether an official in this position should refrain from using some or all of their powers is somewhat controversial. A lame duck sess less than a week before the end of his term. The following day, on March 3March 3 is the 62nd day of the year in the Gregorian Calendar (63rd in leap years). There are 303 days remaining. Events 1400-1899 1431 Eugenius IV becomes Pope. 1791 The United States Mint is created by the United States Congress. 1820 The United States, the judges were approved by the SenateThe United States Senate is the upper house of the United States Congress, smaller than the U. House of Representatives. Together, they compose the legislative branch of the United States government. Seal of the Senate Each state elects two senators throu. One of these "Midnight Judges" was William Marbury, appointed to a position as Justice of the PeaceA Justice of the Peace (JP is a magistrate appointed by a commission to keep the peace, dispense summary justice and deal with local administrative applications in common law jurisdictions. Justices of the Peace are appointed from the citizens of the juri in the District of Columbia. At noon, Adams left office and Jefferson was inaugurated as President.

Marbury's commissionIn law a commission is an act granting a person an office or position. Most commonly this term is used when a public officer appoints a person to a government or military office, but the term also applies to any appointment of an agent by a principal unde, as well as that of others who were part of the lawsuit, was signed by Adams and John MarshallAlternative meanings: John Marshall (archaeologist), Jack Marshall (New Zealand John Marshall ( September 24, 1755 July 6, 1835), Chief Justice of the United States and principal founder of American constitutional law and the Supreme Court of the United S, his Secretary of State. As a complication of matters, Marshall had been appointed as Chief Justice of the Supreme Court on February 4, but had continued to act as Secretary of State until Jefferson was inaugurated. On March 3, Marshall became Chief Justice, and swore in Jefferson.

Jefferson treated as void the 42 commissions approved on Inauguration Day, including Marbury's, because they had not been officially delivered by day's end. He appointed James Madison as the new Secretary, and ordered him not to deliver the Marbury commission.



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