Marbury vs madison
Marbury v. Madison Case is important, not only for the trial itself, but by the principles that were established after the ruling of Judge Marshal
The rulingaffirms the ability of the Supreme Court of the United States to judge the conformity of laws with the Constitution and to repeal, unenforceable, that that might go against the Constitution, and makesthem the first constitutional courts in history .
The Chief Justice John Marshall solved this dilemma by deciding that the Supreme Court had no authority to settle this case. Marshall ruled thatSection 13 of the Judiciary Act, which gave the Court such powers, was unconstitutional because it enlarged the original jurisdiction of the Court of jurisdiction defined by the Constitution itself. Indeciding not to intervene in this case, the Supreme Court secured its position as final arbiter of the law
Judiciary Act of 1789, S 13 “The Supreme Court shall also have appellate jurisdiction from thecircuit courts and courts of the several states, in the cases herein after provided for, and a shall have power to issue writs of prohibition to the district courts and writs of mandamus to anycourts appointed, or person holding office, under the authority of the United States.”
2. Which are the facts and what resolved the Judge Marshall in the case Marbury vs. Madison?
To know the facts,we must know the context in which occurred this demand we need to know that: President John Adams one day before leaving the presidency, established a series of judicial office, including 42 judgesof peace in Columbia, all was in order but the outgoing Secretary Of State forgot to deliver the “commissions” to 4 of the magistrate, including Judge William Marbury.
When I enter the new UnitedStates President Jefferson, told the recent Secretary of State James Madison, who did not deliver the “comission” to the 4 Judges of Peace, and did so.
Marbury the filed a motion for mandamus directly...
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