CASE STUDY: Madison vs Marbury & Fletcher vs Peck 4.1

Question 1

synopsis of what happened in Marbury v Madison (1803)

Answer 1

• Supreme Court granting itself the power of judicial review over federal issues.

Question 2

what is the story of Marbury v Madison (1803)

Answer 2

• before Jefferson came into power, Adams appointed new judgeships to keep control of his party outside of his mandate
• Marbury was the last one in but was going to be appointed once Jefferson was in office, he asked Madison to rebuke that
• Marbury petitioned the Supreme Court

Question 3

what was the judgement of Marbury v Madison (1803)

Answer 3

• Supreme Court favoured Marbury
• the Judiciary Act meant that Madison did not have to honour the appointment
• JOHN MARSHALL declared Judiciary act as unconstitutional
• FIRST CASE OF JUDICIAL REVIEW

Question 4

The constitutional significance of the judgement against Marbury v Madison (1803)

Answer 4

• judicial review is not mentioned in the constitution but Supreme court did it anyway
• that the Supreme Court would thereafter decide the constitutionality of the law

Question 5

synopsis of what happened in Fletcher v Peck (1810)

Answer 5

• the first time the Supreme Court ruled against a state law
• extending the power of judicial review to state law as well as federal law

Question 6

what is the story of Fletcher v Peck (1810)

Answer 6

• Georgia legislature was selling 35 million acres of land for 1.5cents the acre
• the land was fraudulent and was sold to Fletcher in 1975
• in 1976, Fletcher found out it was fraudulent so sued Peck and brought it up to the State courts
• State courts favoured Peck so Fletcher took it to the supreme court

Question 7

what was the judgement of Fletcher v Peck (1810)

Answer 7

• Supreme Court deemed Georgian state’s actions as ‘deplorable’
• Supreme court told Georgia that they must repeal the grant as it was ‘unconstitutional’
• Georgia’s law repealing the grants was struck down
• FIRST CASE OF SUPREME COURT RULING AGAINST STATE LAW

Question 8

The constitutional significance of the judgement of Fletcher v Peck (1810)

Answer 8

• judicial review over federal issues had now extended its power to state law.
• these two judgements significantly enhanced the jurisdiction of Supreme Court judgements.