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Marbury v. Madison

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by

Hayden Harper

on 16 December 2013

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Transcript of Marbury v. Madison

Marbury v. Madison!
Background Knowledge
Case began in the early 1800s (1803)
John Adams was the president at the time, but just ending his term (Thomas Jefferson being next president)
James Madison was the Secretary of state
The judge was Chief Justice John Marshall
Reasoning behind Trial
The contraversy between Marbury and Madison began with President Adams quickly awarded Marbury with a commission as justice of the peace before his term ended. But Madison refused to deliver it to him because he thought it was unfair so Marbury sued him in order of hopes of obtaining the position.
Bibliography
"Marbury v. Madison (1803)." Our Documents. Ourdocuments.com, n.d. Web. 12 Dec. 2013.
"Marbury v. Madison – Case Brief Summary." Lawnix Free Case Briefs RSS. Lawnix, n.d. Web. 15 Dec. 2013.
Results of the Case
How the Case has Affected Us
This case affected the checks and balances system, so that all three branches have the same power instead of just the legislative and executive
This also was the first time judicial review was used by determining the case unconstitutional
It shows how the legislative branch can not make laws that do not follow the constitution
The court determined that it was wrong for James Madison and the new president Thomas Jefferson to prevent Marbury from taking office
Question discussed during case
1.Does Marbury have a right to the commission?
2.Does the law grant Marbury a remedy?
3.Does the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional and therefore void?
4.Can Congress expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution?
5.Does the Supreme Court have original jurisdiction to issue writs of mandamus?

Ruling
1. Marbury has the write to commision.
2. Yes, The law grants Marbury a remedy.
3. Judicial has the power to review to see if unconstitutional.
4. Congress can not expand the scope of what is listed in Article III.
5. The Supreme Court does not have original jurisdiction to issue writs of mandamus
Full transcript