Marbury v Maddison (US) Flashcards

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1
Q

When was this case

A

1803

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2
Q

Which court?

A

US Supreme Court

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3
Q

relevant judges?

A

Chief Justice Marshall

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4
Q

who brought this case to the court?

A

Marbury

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5
Q

facts of the case

A
  • Adams (outgoing president) appoints Marbury a judge

- Jefferson (incoming president) orders Maddison (secretary of state) not to deliver the commission

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6
Q

what was the outcome of the case / the decision

A

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

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7
Q

what is the ratio

A

Case established the principle of judicial review, i.e., the power of the Supreme Court to declare a law unconstitutional.

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8
Q

on what grounds was the case brought to court

A

Marbury ordered a writ of mandamus based on the Judiciary Act of 1789 (find what this acc said)

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9
Q

relevant source

A

Marbury v. Madison.” Oyez, www.oyez.org/cases/1789-1850/5us137. Accessed 21 Oct. 2019

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