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Marbury v. Madison

Judicial Review

Garrett Gilmore

on 15 November 2018

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Transcript of Marbury v. Madison

Marbury v. Madison
Political Circumstances Surrounding the Case
Two Polical Parties
John Adams
Thomas Jefferson
T.J wins the election
but before he takes office Adams
appoints judges to the federal courts
to prevent Jefferson from making drastic changes to the government.
William Marbury
James Madison
Federalist Judge
Madison refused to deliver
the official papers giving
Marbury his position as judge.

Marbury sued the government
for not giving him the job.

Because this was a dispute between
public officials the Supreme Court
has original jurisdiction.
Facts and History of the Case
Weakness of the Judiciary
Powers under the three branches
Legislative Branch - Make the Law
Executive Branch - Enforce the Law
Judicial Branch - Apply the Law
After the Congress closed the Supreme Court for a year in 1802, Jefferson announced he would not follow the decision of the court in 1803.
- If the court decided for Marbury then Jefferson would
ignore the decision and the judiciary would be weak.
- If the court decided for Madison then the court would look like it was afraid of the Executive and they would be weak.
The Issues

1. Does Marbury have a right to his commission (Job)?

2. Does the law grant Marbury a remedy to get his job back?

3. Is the Writ of Mandamus a remedy that can be used by the court?

1. YES. Marbury does have the right to his commission.

2. YES. The law provides the Writ of Mandamus as a remedy

3. NO. Congress doesn't have the authority to give the court
the power of Writ of Mandamus.

1. Under the 5th Amendment Marbury's due process rights were violated

2. The court has the power to remedy through the Writ of Mandamus from
the Judiciary Act of 1789 Section 13.

3. However, the legislature doesn't have the authority to amend the original jurisdiction of the Supreme Court. Therefore Section 13 of the Judiciary Act of 1789 violates Article III of the Constitution.

The power of the Judicial Branch was protected and preserved.

Judicial Review gave courts the power to check the laws and actions of the legislative and executive branches.
Secretary of State
Full transcript