Marbury v Maddison (US) Flashcards
When was this case
1803
Which court?
US Supreme Court
relevant judges?
Chief Justice Marshall
who brought this case to the court?
Marbury
facts of the case
- Adams (outgoing president) appoints Marbury a judge
- Jefferson (incoming president) orders Maddison (secretary of state) not to deliver the commission
what was the outcome of the case / the decision
Court found that Maddison’s refusal to issue the commission was illegal, BUT that the provision of the Judiciary Act (1789) allowing Marbury to bring his claim to the Supreme Court was unconstitutional, since it extended the Court’s original jurisdiction beyond the US constitution
what is the ratio
Case established the principle of judicial review, i.e., the power of the Supreme Court to declare a law unconstitutional.
on what grounds was the case brought to court
Marbury ordered a writ of mandamus based on the Judiciary Act of 1789 (find what this acc said)
relevant source
Marbury v. Madison.” Oyez, www.oyez.org/cases/1789-1850/5us137. Accessed 21 Oct. 2019