Marbury vs Madison
by Kelsey Orr
1. Year: 1803
2. Constitutional Significance and Relevance
2.1. This case proves that the Constituion is the "supreme law of the land" and in the United States, federal and state courts are able to review and declare the "constitutionality" or agreement with the Constitution of legislation that is in their jurisdiction
2.1.1. Artice III section 2 of the constitution upholds the judicial power, jurisdiction, and trial by jury including the principle of Judicial Review
2.1.2. This principle of Judicial Review is still practiced today and has major impact on the rights of the constitution
3. Relevant Details
3.1. Before ending his term, John Adams appointed William Marbury as Justice of the Peace (Washington DC) along with some others who were appointed to positions into the judicial branch (he did this at the last possible second)
3.2. Adams wanted to appoint as many non-republicans into the government before his term ended and Jefferson's started
3.3. One problem with this is that the letter sent to Marbury never arrived
3.4. Marbury took his case to the supreme court declaring that it was against the constitution to withhold this letter
3.5. James Madison, then Secretary of State, was petitioned by Marbury to deliver the documents, but John Marshall (Chief Justice) denied it- he said that it was against the Judiciary Act of 1789
3.6. After a writ of mandus and many other debates, there was a unanimous decision in favor of Marbury
4. Chief Justice: John Marshall
5. Importance of the case in relation to all Supreme Court Cases
5.1. Judicial Review is still practiced today and has major impact on the rights of the cases following today
5.2. This insured that the judicial branch has as much power as the other 2 branches of government (legislative and executive)
5.3. Set up the principles for Judicial Review and in the United States, federal and state courts are able to review and declare the "constitutionality" or agreement with the Constitution of legislation that is in their jurisdiction
6. Majority Opinion
6.1. Madison should have given the letter to Marbury even if Adams' term was over
6.2. Article III of the Constitution does not support the Judiciary Act of 1789.
6.3. Since the Constitution is the only stable thing in government, it is always rerrfered to and has power over everything else.
6.4. The decision in favor of Marbury was unanimous.
7. Dissenting Opinion
7.1. There was no Dissenting Opinion because the decision was unanimous in favor of Marbury.
