Samarri and kenyatte powerpoint (2)Presentation Transcript
SamarriThomas,Kenyatte Lynn Mrs. Washington Government 1/31/13
Marbury V. Madison
Who• William Marbury• James Madison• Thomas Jefferson• John Marshall
What• Jefferson ordered Madison not to deliver the official documents granting Marbury his position.• Upon the Judiciary Act of 1801 Marbury went to the Supreme Court asking for a “Writ of Mandamus.
When• In 1801• February 9,1803
Where• Relocated from Philadelphia to Washington, DC.• US Supreme Court
Why• John Marshall did not deliver commissions before expiration of Adams’s term as president.• Thomas Jefferson refused to honor the commissions because they where invalid and delivered late.• William Marbury was intended recipient of an appointment as Justice of the Peace. Marbury applied directly to the supreme court of the U.S. for a Writ of Mandamus to compel Jefferson’s secretary of state• James Madison deliver commission
How• 1803 decision of this case written by Chief Justice.• John Marshall established the principle of Judicial Review, meaning that the Supreme Court ultimately has the power to decide if any federal or state law is unconstitutional.
Outcome and Opinions• “It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.” — Chief Justice John Marshall• Samarri Thomas Opinion: I felt that the case was unnecessary and they shouldve have taken it to court.• Kenyatte Lynn opinion: I also felt like this court case unnecessary, reason being just because Thomas Jefferson was the new president William Marbury should’ve gotten his position in justice of peace.