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maddie walsh

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Transcript

marbury v. madison

by: maddie walsh

table of contents

verdict

background of the case

issue

importance

arguments of defense

bibliography

arguments of proseucution

1803 Marbury v. madison case

by: maddie

people involved:

John Adams Thomas Jefferson James Madison William Marbury John Marshall

background

Courtesy of justiceintheclassroom.net

January 27, 1801

Februray17,1801

March 2-3, 1801

March 4, 1801

December 1801

February 24, 1803

1789

Adam signs the official commisions on March 3rd after the Senate confirmed appoitmnets/ He finished late night on the last day of his place in office.

William Marbury is one of the 11 who wont receive a commission. He files a petition with the Supreme Court and asks to have Madison deliver the commission.

Jefferson is inagurated as the third president. The admissions John Adams had signed, Jefferson had made the decision to order James Madison not to deliver the rest of the 11 commissions.

The Supreme court denies Marbury's request. It was said to be unconstitutional. This brings the importantce of judicial review.

Thomas Jefferson wins the presidential election of 1800. He was scheduled to be sworn in on March 4th

The U.S. Senate confirms John Marshall as the cheif justice of the Supreme Court

The U.S. President, George Washington signed the Judicial Act of 1789 into law

issue

John Adams, the former president had signed for the commissions to be delivered. However, after Thomas Jefferson was in office, he instructed James Madison to not deliver the 11 commissions that still remained. William Marbury being 1 of the 11. Marbury filed a petition with the Supreme Court. This was asking it to issue a writ of mandamus to order Madison to deliver the commission, which without, Marbury can't serve in the office.

James Madison

John Adams

Courtesy of History.com

Courtesy of National Gallery of Art

Arguments of defense

The argument against Marbury's request was that the Supreme Court gets its power directly from the constitution. Therefore, the constitution says that only specific cases can start at the Supreme Court. This means that the law of 1789 which was passed by congress was unconstitutional. Although the Supreme Court agreed that they had the right to receive his commission, they did not have the power to allow more cases to begin at the Supreme Court. The Supreme Court said that it couldn't help Marbury.

Marbury's argument was that he had the right to receive the commission because it already had been created and signed. He also said that the Supreme Court holds the power to issue the writ

Arguments of prosecutions

Courtesy of uknow.uky.edu

verdict

Cheift Justice John Marshall wrote the Supreme Court's unanimous opinion which stated that "the power of the federal courts to declare legislative and executive acts unconstitutional," according to:

John Marshall

https://www.loc.gov/rr/program/bib/ourdocs/marbury.html#:~:text=The%20U.S.%20Supreme%20Court%20case,by%20Chief%20Justice%20John%20Marshall.

Courtesy of biography.com

Importance

IN THIS MAJOR CASE IT WAS DECIDED THAT THE SUPREME COURT HAS THE FINAL SAY ABOUT WHAT IS CONSTITUTIONAL AND UNCONSTITUTIONAL. THIS IMPORTANT CONCEPT IS CALLED JUDICIAL REVIEW.

Courtesy of sites.google.com

In addition, marbury v. madison helped raise the judicial branch as equal with the legislative and executive branches. this gives them equal power.

Courtesy of greenwoodlakessocialstudies.weebly.com

bibliography

“WILLIAM MARBURY v. JAMES MADISON, Secretary of State of the United States.” Legal Information Institute, Legal Information Institute, www.law.cornell.edu/supremecourt/text/5/137.

“Marbury v. Madison Timeline.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., www.britannica.com/summary/Marbury-v-Madison-Timeline.

“Primary Documents in American History.” Marbury v. Madison: Primary Documents in American History (Virtual Programs & Services, Library of Congress), www.loc.gov/rr/program/bib/ourdocs/marbury.html#:~:text=The%20U.S.%20Supreme%20Court%20case,by%20Chief%20Justice%20John%20Marshall.

THANKS!

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