Marbury v
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School
Illinois Institute Of Technology *
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Course
MISC
Subject
Law
Date
Nov 24, 2024
Type
docx
Pages
2
Uploaded by ConstableBeeMaster768
Surname 1
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Date
Marbury v. Madison
Issue
Does the Supreme Court have the power to declare legislative and executive acts
unconstitutional?
Rule
The court ruled that the United States Supreme Court does not have the original powers to hear
cases enumerated in the US constitution. However, the US Supreme Court has appellate ability
to handle all judicial proceedings, and it is the judicial department’s jurisdiction to explain the
meaning of the law to all parties.
Analysis
President John Adams appointed plaintiff William Marbury and three other delegates to serve as
justices of the peace in the District of Columbia at the end of his presidency. After the US Senate
accepted the appointed justices, the president signed the commissions by affixing the US Seal.
However, the appointed justices did not receive their commissions when Thomas Jefferson was
sworn in as president, causing them to petition the US Supreme Court for an explanation as to
why the defendant or the US Secretary of State could not force the delivery of the commissions.
Despite the court’s approval of the rule, the defendant failed to produce the commissions,
prompting the plaintiffs to file a request for mandamus, asking the court to require the release of
the disputed commission.
Surname 2
Conclusion
The courts have a constitutional duty to act and operate in accordance with the law, and it is
categorically the role of the judicial branch to explain the law. As a result, the court deemed
Madison to be at fault for neglecting to produce the commission but did not issue a writ of
mandamus ordering him to do so. The court stated that the Judiciary Act of 1789, which allowed
Marbury to bring his claim to the United States Supreme Court, the country’s highest court, was
intended to expand the court’s original jurisdiction beyond what Article III, Section 2 allowed.
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