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The rulings in Marbury v. Madison, 5 US 137 (1803) are related to the three questions posed to the Court. Chief Justice John Marshall reasoned:

  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.

    This decision was based on the Court's determination that the Judiciary Act of 1789, in which Congress delegated to the Supreme Court original jurisdiction over cases involving the federal government, was partially unconstitutional because it granted the Court powers not specified by the Constitution.

    Part 3 of the Marbury decision established the high court's right of judicial review over legislation passed by Congress and the President, as well as the power to overturn laws deemed to be unconstitutional.

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Related Questions

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

Judicial Review


What was the decision that strengthened the supreme court because i t asserted the courts right of judicial review?

Marbury vs. Madison


Why is the marbury Madison case important in the history of the supreme court?

Marbury v Madison established the principle of Judicial Review. That is the right of the federal courts to declare acts of Congress and states, laws, and certain actions of the executive branch, unconstitutional.


What is the big deal with Marbury vs Madison?

Marbury V Madison (1803) established the concept of judicial review. John Marshall, the Chief Justice of the Supreme Court at the time, was a Federalist, and all his rulings strengthened the power of the federal government over that of the individual states. In Marbury V Madison, Marshall ruled that the Supreme Court had the power to declare both decisions by lower federal courts, and laws, unconstitutional.


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.


What case gave the courts judicial review?

Marbury v. Madison


The Supreme Court case Marbury v. Madison established the principle that the Court could declare acts of Congress unconstitutional.?

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).


What is the supreme courts powers to review all congressional acts and executive actions?

Judicial review, established in 1803 by John Marshall in the case Marbury vs. 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 court case established the courts of judicial review?

Marbury v. Madison is the Supreme Court case that established the precedent of judicial review. John Marshall was the Chief Justice of the court.


What did the supreme courts decision in case of marbury vs. Madison do for the supreme court?

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.


What did Marbury v. Madison accomplish?

Marbury v. Madison, (1803) established the right of judicial review, allowing the Supreme Court to review and overturn unconstitutional acts by the legislative and executive branches of government. It further strengthened the idea of the separation of powers by establishing the courts' power to overturn the actions of the legislative and executive branches of government.