Marbury v Madison Flashcards

1
Q

Facts of case

A

Thomas Jefferson won John Adams in the 1800 presidential election. Before Jefferson took office on March, Adams and Congress passed the Judiciary Act of 180, giving the president more control over appointment of judges. William Marbury had been appointed Justice of the Peace in the District of Columbia, although his commission wasn’t delivered. Marbury petitioned the Supreme Court to compel the new Secretary of State, James Madison, to deliver the documents

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2
Q

Holding and Rationale

A

The Court found Madison’s refusal to deliver the commission was illegal. They held that the provision of the Judiciary Act of 1789 enabling Marbury to bring his claim to the Supreme Court was itself unconstitutional. Congress didn’t have power to modify the Constitution through regular legislation. The Supremacy Clause places the Constitution before the laws.

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3
Q

Keywords

A

empowering the Supreme Court to declare an act of the legislative or executive branch unconstitutional. Marbury v. Madison established the power of judicial review as well as executive & administrative actions.

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