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Resources:

The Constitutional Issue:

THE END:

https://www.britannica.com/event/Marbury-v-Madison

Marbury v. Madison, legal case in which, on February 24, 1803, the U.S. Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review. The court's opinion, written by Chief Justice John Marshall, is considered one of the foundations of U.S. constitutional law.

Background:

https://www.history.com/this-day-in-history/marbury-v-madison-establishes-judicial-review

This decision would evidently complete the system of checks and balances as we know today

Marbury v. Madison | US Law | LII / Legal Information Institutewww.law.cornell.edu › supremecourt › text

In the fiercely contested U.S. presidential election of 1800, the three major candidates were Thomas Jefferson, Aaron Burr, and the incumbent president, John Adams. Adams was aligned with the pro-business and pro-national government politics of Alexander Hamilton and the Federalist Party, while Jefferson and Burr were part of the opposing Democratic-Republican Party, which favored agriculture and decentralization. American public opinion had gradually turned against the Federalists in the months prior to the election, mainly due to their use of the controversial Alien and Sedition Acts, as well as growing tensions with Great Britain, with whom the Federalists favored close ties. Jefferson easily won the popular vote, but only narrowly defeated Adams in the Electoral College.

How the Case Originated:

Marbury v. Madison

Overview:

The case originated from an incident that occurred as part of the political and ideological rivalry between outgoing President John Adams, who espoused the pro-business and pro-national government ideals of Alexander Hamilton and the Federalist Party, and incoming President Thomas Jefferson, who favored agriculture and decentralization and led the Democratic-Republican Party. Adams had lost the U.S. presidential election of 1800 to Jefferson, and in March 1801, just two days before his term as president ended, Adams appointed several dozen Federalist Party supporters to new circuit judge and justice of the peace positions in an attempt to frustrate Jefferson and his supporters in the Democratic-Republican Party.

Besides its inherent legal questions, the case of Marbury v. Madison also created a difficult political dilemma for Marshall and the Supreme Court itself. If the Court ruled in favor of Marbury and issued a writ of mandamus ordering Madison to deliver Marbury's commission, Jefferson and Madison would probably have simply ignored the order, which would have made the Court look impotent and emphasized the "shakiness" of the judiciary. On the other hand, a plain and simple ruling against Marbury would have given Jefferson and the Democratic-Republicans a clear political victory.

Marshall avoided both problems and solved the dilemma. First, he ruled that Madison's withholding of Marbury's commission was illegal, which pleased the Federalists. But then he said the Court could not give Marbury his requested writ of mandamus, which gave Jefferson and the Democratic-Republicans the result they desired. At the same time, in what the American constitutional law scholar Laurence Tribe described as "an oft-told tale ... [that] remains awe-inspiring", Marshall maneuvered Marbury's simple petition for a writ of mandamus into a case that presented a question that went to the heart of American constitutional law itself.

This was a U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and some government actions that violate the Constitution of the United States. Decided in 1803, Marbury remains the single most important decision in American constitutional law. The Court's landmark decision established that the U.S. Constitution is actual "law", not just a statement of political principles and ideals, and helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government.

Decision:

On February 24, 1803, the Court rendered a unanimous 4–0 decision against Marbury. Due to illnesses, Justices William Cushing and Alfred Moore did not sit for oral argument or participate in the Court's decision.

The Court's opinion was written by the Chief Justice, John Marshall. Marshall structured the Court's opinion around a series of three questions that Marshall answered in turn:

First, did Marbury have a right to his commission?

Second, if Marbury had a right to his commission, was there a legal remedy for him to obtain it?

Third, if there was such a remedy, could the Supreme Court legally issue it?

Supreme Court Case Project: By: Tommy Ramirez (p.1)

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