Marbury v. Madison, 5 US 137 (1803)
The only evidence presented to the Court was testimony from witnesses, including a signed affidavit from Chief Justice Marshall's brother, who claimed a riot in a nearby town prevented him from delivering the commissions as planned.
The plaintiffs' (Marbury, et al.) attorney, Charles Lee, subpoenaed Jacob Wagner and Daniel Brent, Clerks of the US Department of State. They testified that they were unsure as to which commissions were signed and sealed.
Lee also subpoenaed Jefferson's Attorney General, Levi Lincoln, who had been acting Secretary of State for a few days before Madison took office. Lincoln, not Madison, had been in office at the time the justice of the peace commissions disappeared.
Lincoln objected to testifying on the constitutional grounds of Executive Privilege and Fifth Amendment protection, but Marshall assured him he wouldn't have to reveal anything confidential or self-incriminating. Lincoln asked for a set of written questions, which he took home to consider overnight.
The next day, Lincoln took the stand and responded to limited interrogatory about the status of the missing commissions. Lincoln claimed he did not know whether Madison had ever taken possession of the paperwork, and did not know what had become of it. He acknowledged having seen signed and sealed appointments, but could not recall whether the plaintiffs' names were among them, and did not know, but did not believe, they had been delivered.
James Markham Marshall, Chief Justice Marshall's brother, submitted an affidavit through attorney Lee claiming he had taken approximately twelve commissions on March 4, 1801, with the intention of delivering them, but was told riots had broken out in an area to which he was traveling and returned an unknown number to the Secretary of State's office. James claimed to have a signed receipt for the returned papers, but none was produced in court. James Marshall's affidavit was read into the record; he did not give direct testimony.
There is no evidence James Marshall had been at the State Department on March 4, but Jefferson refused to provide counsel for Madison's defense (the Executive branch ignored the case), so the issue was unexplored; however, historians question the veracity of the younger Marshall's claims.
There were no witnesses for the defense.
For more information, see Related Questions, below.
The US Supreme Court's ruling in the Marbury v. Madison case set the way in which the Court did not need to wait on the court system to bring a case before them and hear arguments. The Court was able to, and this remains to be true, that it can intervene on its own volition and decide on the constitutionality of government actions.
In 1803, Marshall decided a case that increased the power of the supreme court.
It is the Supreme Court case that established the precedence of Judicial Review to declare an Act of Congress to be Unconstitutional.
This was the first time that the Supreme Court had declared an act of Congress unconstitutional.
In the famous Marbury vs. Madison case in 1803, the US Supreme Court ruled that it had the power of judicial review. This entailed that the Court has the power to determine if a bill passed by Congress and signed into law by the President is in accordance with the US Constitution. By its own power the Court could either declare a law valid and thus "Constitutional" or if invalid, to be reversed.
marbury vs. Madison
The Marbury v. Madison court case increased the Court's power. They decided if the laws were unconstitutional.
The US Supreme Court heard the Marbury v. Madison case in 1803.Marbury v. Madison is considered one of the most important cases in the history of the Supreme Court.
The Supreme court decision on Marbury version Madison by the federal judiciary. This is part of the court systems.
Marbury vs. Madison established the precedent of judicial review. Marbury vs. Madison was heard in 1803 before the US Supreme court.
Marbury v. Madison, 5 US 137 (1803)Marbury's case was only filed once, in the US Supreme Court, so it reached the highest court in the federal judiciary.
Marbury v. Madison
Marbury v. Madison produced the idea of judicial review, which means the courts can interpret how the laws are used in court.
Marbury v. Madison (1803)
Chief Justice John Marshall formally claimed the power of judicial review, the ability of the courts to review and declare laws relevant to cases before the court unconstitutional, in Marbury v. Madison, (1803).
Marbury v. Madison
Judicial Review