Marbury vs Madison From book worksheet

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Questions and Answers

What political event led to the situation that gave rise to the Marbury v. Madison case?

The elections of 1800, which resulted in a transfer of power between the Federalist and Democratic-Republican parties.

What specific action did William Marbury seek from the Supreme Court?

Marbury requested a writ of mandamus to force James Madison to release his judicial commission.

Why did the Supreme Court ultimately not grant Marbury's request?

The Court ruled that the legislation enabling Marbury's case was unconstitutional, and therefore the Court lacked jurisdiction.

What is the principle of judicial review established by the Marbury v. Madison decision?

<p>The principle of judicial review is the power of courts to review the constitutionality of laws.</p> Signup and view all the answers

How did the Supremacy Clause factor into the Supreme Court's reasoning in Marbury v. Madison?

<p>The Court reasoned that the Supremacy Clause places the Constitution above other laws, thus establishing judicial review.</p> Signup and view all the answers

Flashcards

Judicial Review

The power of the courts to review laws and determine their constitutionality.

Writ of Mandamus

A court order that compels someone to perform a specific action.

Marbury v. Madison

The case that established the principle of judicial review, solidifying the Supreme Court's role as an interpreter of the Constitution.

Supremacy Clause

A section of the Constitution (Article VI) that establishes the Constitution and federal laws as the supreme law of the land, above state laws.

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Commission

The document granting a person an official position.

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Study Notes

The Election of 1800 and the Judiciary Act

  • A shift in power occurred between political parties in 1800.
  • Federalists were replaced by Democratic-Republicans.
  • Federalists in Congress created new judgeships before departing.
  • Adams appointed judges to maintain Federalist influence.
  • William Marbury was among the appointees.
  • Marbury's appointment document (commission) was not delivered before Jefferson took office.
  • Jefferson instructed Madison, his Secretary of State, to withhold the commission.
  • Marbury petitioned the Supreme Court for a writ of mandamus.
  • This sought to force Madison to deliver the commission.

The Supreme Court's Ruling

  • The Supreme Court ruled the withholding of the commission was unlawful.
  • However, the Court deemed the enabling legislation unconstitutional.
  • This rendered the Court powerless to issue the requested mandamus.

Establishing Judicial Review

  • The Supreme Court's decision, in Marbury v. Madison, determined the Constitution was paramount.
  • This established the principle of judicial review.
  • Judicial review permits courts to examine laws for constitutionality.
  • This strengthened the Supreme Court's constitutional interpretation role.

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