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What important precedent did Marbury v. Madison set?


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Answered 2011-05-04 04:19:48

Marbury v. Madison, (1803) is often cited as the case that affirmed the Supreme Court's right of judicial review. Marbury is the first case in which the US Supreme Court declared an act of Congress unconstitutional (Section 13 of the Judiciary Act of 1789).

Case Citation:

Marbury v. Madison, 5 US 137 (1803)

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Marbury vs. Madison established the precedent of judicial review. Marbury vs. Madison was heard in 1803 before the US Supreme court.


The principle of judicial review, that is, the ability of judges to declare laws unconstitutional.


In 1803, Marshall decided a case that increased the power of the supreme court.


This was the first sitting Supreme Court of the USA. Every decision made by that court established the original precedent for all subsequent cases in the USA. Perhaps the most important was Marbury vs Madison where the precedent was established for the Supreme Court to review laws for "Constitutionality".


John Marshall managed to set the principle of judicial review.


Marbury v. Madison was the first decision that the Supreme Court made that declared a law unconstitutional. This set a precedent in the US and in the entire world of what we call the Exercise of Judicial Review, affirming the powers of the court that are specified in Article III of the US Constitution.


They sent an important precedent for representative government for early America.


The most important effect of Marbury v. Madison, (1803), is that it affirmed the Supreme Court's right of judicial review and set a precedent for future cases. Judicial review is the power of the Court to evaluate laws relevant to cases before the court to determine their constitutionality, and to nullify (overturn) any they find unconstitutional.In Marbury, the Supreme Court decided Section 13 of the Judiciary Act of 1789 was unconstitutional because Congress had overreached its authority by granting the Court the right to issue all writs of mandamus, which contradicted the language of Article III of the Constitution.Case Citation:Marbury v. Madison, 5 US 137 (1803)


I am not sure how important it was since there were not really very many presidents who would have served a third term even without Washington's precedent. Maybe Jefferson, Madison, Monroe or Theodore Roosevelt would have considered a third term had the precedent not been set against it. Jackson and Wilson might have if they were healthier when their second terms ended.


The most important result of Marbury v. Madison, (1803), is that it affirmed the Supreme Court's right of judicial review and set a precedent for future cases. Judicial review is the power of the Court to laws and executive orders relevant to a case before the court to determine their constitutionality, and to nullify any laws they find unconstitutional.This elevated the US Supreme Court to a co-equal position with the other branches of government, increased its power, and provided it with a means of checking the power of Congress and the President.Case Citation:Marbury v. Madison, 5 US 137 (1803)For more information, see Related Questions, below.



John Marshall dismisses the Marbury vs. Madison case. He deemed the Judiciary Act of 1789 unconstitutional. Marshall set the precedent for the Supreme Court. Said that the Supreme Court would determine if things were constitutional.


The most important result of Marbury v. Madison, (1803), is that it affirmed the Supreme Court's right of judicial review and set a precedent for future cases. Judicial review is the power of the Court to evaluate challenged legislation to determine its constitutionality, and to nullify any laws they find unconstitutional.In Marbury, the Supreme Court determined Section 13 of the Judiciary Act of 1789 was unconstitutional because Congress had overreached their authority by granting the Court the right to issue all writs of mandamus, which contradicted the language of Article III of the Constitution.Case Citation:Marbury v. Madison, 5 US 137 (1803)For more information, see Related Questions, below.


Washington set an important precedent at the end of his second term.In 1796,he decided not to run for a third term


The precedence of declaring an act of Congress unconstitutional and subject to Judicial Review was set.


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.


Marbury v. Madison, 5 US 137 (1803)The most important result of Marbury v. Madison, (1803), is that it affirmed the Supreme Court's right of judicial review and set a precedent for future cases. Judicial review is the power of the Court to evaluate challenged legislation to determine its constitutionality, and to nullify any laws they find unconstitutional.In Marbury, the Supreme Court determined Section 13 of the Judiciary Act of 1789 was unconstitutional because Congress had overreached their authority by granting the Court the right to issue all writs of mandamus, which contradicted the language of Article III of the Constitution.


The most important result of Marbury v. Madison, 5 US 137 (1803), is that it affirmed the Supreme Court's right of judicial review and set a precedent for future cases. Judicial review is the power of the Court to evaluate Acts of Congress (laws) and the President (Executive Orders) relevant to cases before the Court to determine their constitutionality, and to nullify any they find unconstitutional.In Marbury, the Supreme Court determined Section 13 of the Judiciary Act of 1789 was unconstitutional because Congress had overreached their authority by granting the Court the right to issue all writs of mandamus, which contradicted the language of Article III of the Constitution.


The most important precedent set by Washigton was that you could only be President for two terms. President's after Washington soon followed this precedent and now it has become a law


The most important result of Marbury v. Madison, (1803), is that it affirmed the Supreme Court's right of judicial review and set a precedent for future cases. Judicial review is the power of the Court to evaluate challenged legislation to determine its constitutionality, and to nullify any laws they find unconstitutional.In Marbury, the Supreme Court determined Section 13 of the Judiciary Act of 1789 was unconstitutional because Congress had overreached their authority by granting the Court the right to issue all writs of mandamus, which contradicted the language of Article III of the Constitution. This was also the first time the Supreme Court declared an Act of Congress unconstitutional.Holding: "Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. Congress cannot pass laws that are contrary to the Constitution, and it is the role of the Federal courts to interpret what the Constitution permits."Case Citation:Marbury v. Madison, 5 US 137 (1803)For more information on judicial review and Marbury v. Madison, see Related Questions, below.




The precedent for voluntary union of the colonies was set with the fundamental orders of Connecticut.



Marbury v. Madison is the Supreme Court case that confirmed that the federal courts have the authority to declare laws unconstitutional. It did not necessarily create or establish the power as much as it confirmed that it is inherent in the power of the judicial branch even though it is not specifically stated in the Constitution.This was devised by Chief Justice John Marshall (former secretary of state to John Adams) when he declared parts of the Judiciary act of 1789 unconstitutional.William Marbury had been elected as a judge by Adams in the Judiciary act of 1801, but he was not commissioned by Marshall in time. When Jefferson became president (March, 4, 1801), his secretary of state, James Madison, did not deliver the commission under the new Democratic-Republican party. This pushed Marbury to turn to the Supreme court where he petitioned for a writ of mandamus (an order to force Madison to deliver his commission).Marshall's opinion was that Marbury deserved his commission, but knew Jefferson would not serve him even if it was mandated. Marshall did not want the Supreme Court to be weakened, and instead gave it strength by declaring parts of the Judiciary Act of 1789 unconstitutional - the part where the Supreme Court could issue a writ of mandamus.Therefore, he allowed Jefferson to feel like a winner, but at the same time set a precedent for all future cases and established Judicial Review, the ability of the Supreme Court to declare a federal law of Congress as unconstitutional.Case Citation:Marbury v. Madison, 5 US 137 (1803)



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