Case Citation:
Marbury v Madison, 137 US 5 (1803)
Marbury v. Madison, 5 US 137 (1803)Marbury v. Madison was heard by the six-member US Supreme Court lead by Chief Justice John Marshall. The unanimous decision was made by a quorum of four Justices (4-0); the other two Justices abstained because they missed the oral arguments due to illness.Chief JusticeJohn MarshallJoined by Associate JusticesWilliam PatersonSamuel ChaseBushrod WashingtonAbstaining JusticesWilliam CushingAlfred Moore* Cushing and Moore did not participate in the Marbury v. Madison case because they missed oral arguments due to illness.
Marbury v. McCulloch is a confused mixture of two different cases heard by the US Supreme Court under Chief Justice John Marshall.One case is Marbury v. Madison, (1803), and the other is McCulloch v. Maryland, (1819).
Marbury v. Madison, 5 US 137 (1803)President John Adams nominated William Marbury as a justice of the peace under the newly passed Organic Act of 1801, just two days before the end of his administration.For more information, see Related Questions, below.
One of John Marshall's accomplishments was to make the supreme court a co-branch of government. He did this when he was chief justice of the United States.
In the Supreme Court decision, Marbury vs Madison, 1803, the Court ruled that the right to declare laws unconstitutional belonged to the Judicial Branch of the federal government.
Most of the forty-two names are unpublished; however, the most famous of them was William Marbury, who petitioned the Supreme Court for a writ of mandamus (a court order requiring an official to take a specified action) to compel delivery of his commission in the case Marbury v. Madison, (1803).There were three lesser-known plaintiffs who joined Marbury's suit: Dennis Ramsay, Robert Townsend Hooe, and William Harper, who, like Marbury, were prominent citizens of Georgetown, MD, and Alexandria, VA, whose appointments were denied when Thomas Jefferson assumed the Presidency.
There are generally two types of opinions rendered by the attorney general; Formal Opinion and Informal Opinion.
No. President John Adams nominated William Marbury as a justice of the peace under the newly passed Organic Act of 1801, just two days before the end of his administration. John Marshall was Secretary of State under Adams at the time, and was responsible for processing the paperwork and arranging for Marbury's commission to be delivered, but he ran out of time and left the deliveries for James Madison (the incoming Secretary of State) to complete.Marshall expected the commissions to be sent out as a matter of routine, but the new President, Thomas Jefferson, found them and (presumably) destroyed a number of them. Marbury's and his three co-plaintiffs', were among those not delivered.Case Citation:Marbury v. Madison, 5 US 137 (1803)For more information, see Related Questions, below.
Marbury v. Madison, 5 US 137 (1803)The dispute revolved around justice of the peace appointments awarded under the District of Columbia Organic Act of 1801, in which Congress formally incorporated land ceded to the federal government by Virginia and Maryland into the District of Columbia, dividing the territory into two "cities": Alexandria, which operated under Virginia law; and Georgetown, which operated under Maryland law.William Marbury was a resident of Georgetown. At least one of his co-plaintiffs, Dennis Ramsay, was a resident of Alexandria, so both sections of the District of Columbia were involved.For more information, see Related Questions, below.
Marbury v. Madison addressed all three branches of the United States government, although many people consider the decision to involve only the Judicial and Legislative branches. John Marshall, in his written opinion, affirmed that the Constitution granted the US Supreme Court the power of judicial review, which allowed them to determine whether legislation and acts of both Congress and the President (Executive branch) were unconstitutional. Marshall asserted this also granted the Court the power to overrule unconstitutional laws.
Most of the forty-two names are unpublished; however, the most famous of them was William Marbury, who petitioned the Supreme Court for a writ of mandamus (a court order requiring an official to take a specified action) to compel delivery of his commission in the case Marbury v. Madison, (1803).There were three lesser-known plaintiffs who joined Marbury's suit: Dennis Ramsay, Robert Townsend Hooe, and William Harper, who, like Marbury, were prominent citizens of Georgetown, MD, and Alexandria, VA, whose appointments were denied when Thomas Jefferson assumed the Presidency.For more information, see Related Questions, below.
Marbury v. Madison, 5 US 137 (1803)John Marshall is frequently credited with establishing the doctrine of judicial review. Judicial review allows for the Supreme Court to rule a law unconstitutional, in effect nullifying the law. Judicial review is an example of a check the judicial branch has against the legislative branch.