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Marbury v. Madison

Marbury v. Madison. John Marshall’s Ruling. 1. Does Marbury have a right to the commission?. Yes The commission became effective once President John Adams signed the commission. 2. Does the law grant Marbury remedy?. Yes

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Marbury v. Madison

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  1. Marbury v. Madison John Marshall’s Ruling

  2. 1. Does Marbury have a right to the commission? • Yes • The commission became effective once President John Adams signed the commission.

  3. 2. Does the law grant Marbury remedy? • Yes • The idea of civil liberties ensures the right of every person to claim protection of the law whenever he/she receives an injury. • Madison’s refusal to deliver an official sealed commission or a violation of Marbury’s rights and afford him a remedy.

  4. 3. Does the Supreme Court have the right to review acts of Congress? • Yes • The Supreme Court has the authority to review acts of Congress to determine whether they are unconstitutional = Judicial Review

  5. 4. Can Congress expand rthe scope of the Supreme Court’s original jurisdiction specified in Article III? • No • The constitution states that the Supreme Court has original jurisdiction over two things: 1. Cases affecting ambassadors, other public minister and consuls 2. state v. state issue • This makes the Judiciary Act of 1789 unconstitutional!!

  6. 5. Does the Supreme Court have original jurisdiction to issue writs of mandamus? • No • It needs to be coming from an appellate court.

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