Marbury vs Madison : Briefs
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Marbury vs Madison

Marbury vs Madison | Marbury vs Madison : Briefs | Scoop.it
The Supreme Court case that established judicial review, with images and analysis
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Emily Amy Way's comment, March 6, 2013 4:10 PM
This explains both sides of the argument and the questions asked by the court.
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Marbury v. Madison – Case Brief Summary

Facts, issue, holding, and rule of law in the landmark case of Marbury v. Madison – Case Brief Summary
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Emily Amy Way's comment, March 6, 2013 4:18 PM
The Judiciary Act of 1789 had granted the Supreme Court original jurisdiction to issue writs of mandamus “…to any courts appointed, or persons holding office, under the authority of the United States.”
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The Supreme Court . The Court and Democracy . Landmark Cases . Marbury v. Madison (1803) | PBS

The Supreme Court . The Court and Democracy . Landmark Cases . Marbury v. Madison (1803) | PBS | Marbury vs Madison : Briefs | Scoop.it
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Emily Amy Way's comment, March 6, 2013 4:11 PM
Marbury v. Madison, arguably the most important case in Supreme Court history, was the first U.S. Supreme Court case to apply the principle of "judicial review" -- the power of federal courts to void acts of Congress in conflict with the Constitution. Written in 1803 by Chief Justice John Marshall, the decision played a key role in making the Supreme Court a separate branch of government on par with Congress and the executive.
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Marbury v. Madison - Wikipedia, the free encyclopedia

Marbury v. Madison, 5 U.S. 137 (1803), was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government.

The case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force the new Secretary of State James Madison to deliver the documents. The Court, with John Marshall as Chief Justice, found firstly that Madison's refusal to deliver the commission was both illegal and remediable. Nonetheless, the Court stopped short of compelling Madison (by writ of mandamus) to hand over Marbury's commission, instead holding that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court's original jurisdiction beyond that which Article III established. The petition was therefore denied.

In the presidential election of 1800, Democratic-Republican Thomas Jefferson defeated Federalist John Adams, becoming the third President of the United States. Although the election was decided on February 17, 1801, Jefferson did not take office until March 4, 1801. Until that time, outgoing president Adams and the Federalist-controlled 6th Congress were still in power. During this lame-duck session, Congress passed the Judiciary Act of 1801. This Act modified the Judiciary Act of 1789 in establishing ten new district courts, expanding the number of circuit courts from three to six, and adding additional judges to each circuit, giving the President the authority to appoint Federal judges and justices of the peace. The act also reduced the number of Supreme Court justices from six to five, effective upon the next vacancy in the Court.[1][2]

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Emily Amy Way's comment, March 6, 2013 4:30 PM
The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government.