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In Marbury v. Madison, (1803), The Court held that William Marbury and his co-plaintiffs had a right to their commissions, but that the Supreme Court did not have authority to issue a writ of mandamus under original (trial) jurisdiction compelling Secretary of State Madison to deliver the necessary paperwork. Marbury, et al., must first file their case in a lower court.

This decision was based on the answer to three legal questions:

  1. Has the applicant a right to the commission he demands?

    The Court determined that Marbury had a right to his commission, per An Act Concerning the District of Columbia that Congress passed in 1801, as well as Article II, Section 2, of the Constitution, which granted the President the right to make judicial nominations. Marbury's nomination had already been approved by the Senate, then signed an sealed by the former President, making it official.

  2. If he has a right, and that right has been violated, do the laws of his country afford him a remedy?

    Because the answer to the first question was that Marbury was properly appointed as a justice of the peace, his legal rights had been violated when Madison withheld the paperwork necessary to assume office.

    Further, the laws of the United States afforded Marbury a remedy to this violation.

  3. If they do afford him a remedy, is it a mandamus issuing from this court?

    The Supreme Court determined it did not have original jurisdiction over the case, but appellate, and therefore could not issue a writ of mandamus. Marbury had to initiate legal action against Madison in the lower federal courts before the Supreme Court could review his case.

Chief Justice Marshall held that Section 13 of the Judiciary Act was unconstitutional because Congress attempted to grant the Supreme Court original jurisdiction over writs of mandamus against US government officials, an authority not specifically relegated to the court in Article III of the constitution.

Marshall also declared the Judicial Branch had authority to check the power of the Executive and Legislative branches by determining whether laws or actions conform with constitutional principles.

"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."

-Chief Justice John Marshall

Case Citation:

Marbury v. Madison, 5 US 137 (1803)

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Related Questions

What did the supreme courts decision in Marbury v. Madison establish?

Judicial Review


Which of these the result of 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 was an ingenious decision because it?

Marbury vs Madison was an ingenious decision. Marbury vs Madison was the first case of judicial review that voided the act of congress.


Which supreme decision said that the supreme court had the right to rule on whether laws are constitutional?

Marbury v. Madison


What case gave the courts judicial review?

Marbury v. Madison


What principle resulted from the ruling in the 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


What did the decision in marbury v. Madison established '?

Judicial Review


Did the decision in Marbury v Madison uphold the idea of states' rights?

No. Marbury v. Madison, (1803) didn't even touch on states' rights.


What did the decision in the case of marbury v Madison define?

Chief Justice John Marshall's opinion in 1803's Marbury v. Madison established the principle of judicial review - the ability of federal courts to find a federal or state law inconsistent with the US Constitution.


What was the issue in the marbury v. Madison case?

The Marbury v Madison (1803) decision concerned Article III of the Constitution, especially the section which states that "the judicial power shall extend to all cases . . . arising under the Constitution." The decision of Marbury v Madison resolved any doubt about that clause. The power of Judicial Review, the right to rule on the actions and acts of the federal government, rested with the federal courts. This decision gave the Supreme Court the power to declare laws unconstitutional.Case Citation:Marbury v. Madison, 5 US 137 (1803)


What explains the lasting importance of the decision in Marbury v Madison?

Marbury v. Madison, 5 US 137 (1803)Marbury v. Madison was an essentially meaningless case argued before the U.S. Supreme Court in 1803 in which the Court asserted the power of the Supreme Court to decide whether or not laws were constitutional. THAT is its lasting legacy, and every SCOTUS decision since cites Marbury v. Madison as their authority.For more information, see Related Questions, below.


What did the Marbury v. Madison case established?

Marbury v. Madison established the practice of judicial review.