marbury v madison

2,583 views

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
2,583
On SlideShare
0
From Embeds
0
Number of Embeds
14
Actions
Shares
0
Downloads
23
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

marbury v madison

  1. 1.  New justice positions were created in the Supreme Court right before President Adams presidency was over. He appointed justices with a federal ideology The last minute appointments were never fully approved. Because the positions were never approved entirely by Congress one of the last minute appointed justices (Justice Marbury) filed a lawsuit for being denied his postion.
  2. 2.  Per the Judiciary act of 1789 Marbury ordered a writ of mandamus from the Supreme Court under Section 13 of the bill
  3. 3.  In Article III Section II there is a specific outline in where the Supreme Court has appellate and Original jurisdiction the Judiciary Act of 1798 section 13 violated that part of the constitution when Congress extended those powers in the Act. Article VI was violated because Congress placed a legislation that went against the constitution but in Article VI Supremacy Clause it states the Constitution is above any piece of legislation passed by Congress.
  4. 4.  Can Marbury be allowed his appointment? Can the Marbury file his complaint at the Supreme Court? Can the Supreme Court look at the constitutionality of laws? The problem with Marbury filing a lawsuit to the Supreme Court was that per the Judiciary Act he was asking the Supreme Court to issue a writ of mandamus.
  5. 5.  The case made it to the court on March 2,1801 The case started days before President Jefferson was inaugurated as president.
  6. 6.  It was decided that Marbury was allowed to file a lawsuit to the Supreme Court and should have been given his appointment per the Constitution The Supreme Court could not issue a writ of mandamus The Supreme Court can look at the constitutionality of laws Citizens can have more of their rights protected and always get rid of legislation that they believe is not benefiting the public.
  7. 7. MARBURY v. MADISON. The Oyez Project at IIT Chicago-Kent College of Law. 04 March 2012. <http://www.oyez.org/cases/1792-1850/1803/1803_0>.Lawnix. "Marbury v. Madison – Case Brief Summary." Marbury v. Madison – Case Brief Summary. Lawnix. Web. 08 Mar. 2012. <http://www.lawnix.com/cases/marbury-madison.html>.

×