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Judicial  review

Judicial review



USA judicial review

USA judicial review



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    Judicial  review Judicial review Presentation Transcript

    • Major character Election in 1800 Ex. president New president John Adam Jefferson Sec of state John Marshall Medison
    • Appointment as Judges John Marshall. He was ex. sectary of president and after retirement become new chief justice of united state of America. Marbury. Marbury appointed as judge of Columbia.
    • Parties in America John Adam Jefferson Anti Federalist Federalist
    • Elections 1800 lame-duck session 1801
    • MandamusA writ of mandamus or mandamus (which means "wecommand" , or sometimes mandate, is the name of one ofthe prerogative writs in the common law, and is "issued by asuperior court to compel a lower court or a governmentofficer to perform mandatory or purely ministerial dutiescorrectly."Mandamus is a judicial remedy which is in the form of anorder from a superior court to any government subordinatecourt, corporation or public authority to do or forbear fromdoing some specific act which that body is obliged underlaw to do or refrain from doing, as the case may be, andwhich is in the nature of public duty and in certain cases ofa statutory duty.
    • Jurisdiction Supreme court Original Appellate
    • Article III In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. —U.S. Constitution, Article III, Section 2, Clause 2
    • The Decision On February 24, 1803, the Court rendered a unanimous (4– 0) decision, that Marbury had the right to his commission but the court did not have the power to force Madison to deliver the commission. Chief Justice Marshall wrote the opinion of the court. Marshall presented the case as raising three distinct questions: Did Marbury have a right to the commission? Do the laws of the country give Marbury a legal remedy? Is asking the Supreme Court for a writ of mandamus the correct legal remedy?[2