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abc asked in Arts & HumanitiesHistory · 1 decade ago

what was the opinion of the court for the Marbury v. Madison case?

2 Answers

  • 1 decade ago
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    From Wikipedia, the free encyclopedia

    Marbury v. Madison

    Supreme Court of the United States

    Argued February 11, 1803

    Decided February 24, 1803

    Full case name: William Marbury v. James Madison, Secretary of State of the United States

    Citations: 5 U.S. 137; 1 Cranch 137; 2 L. Ed. 60; 1803 U.S. LEXIS 352

    Prior history: Original action filed in U.S. Supreme Court; order to show cause why writ of mandamus should not issue, December, 1801

    Subsequent history: None


    Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. Congress cannot pass laws that are contrary to the Constitution, and it is the role of the Federal courts to interpret what the Constitution permits.

    Court membership

    Chief Justice: John Marshall

    Associate Justices: William Cushing, William Paterson, Samuel Chase, Bushrod Washington, Alfred Moore

    Case opinions

    Majority by: Marshall

    Joined by: Paterson, Chase, Washington

    Cushing and Moore took no part in the consideration or decision of the case.

    Laws applied

    U.S. Const. arts. I, III; Judiciary Act of 1789 § 13

    Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) is a landmark case in United States law and the basis for the exercise of judicial review in the United States, under Article Three of the United States Constitution.

    This case resulted from a petition to the Supreme Court by William Marbury, who had been appointed as Justice of the Peace in the District of Columbia by President John Adams shortly before leaving office, but whose commission was not delivered as required by John Marshall, Adams' Secretary of State. When Thomas Jefferson assumed office, he ordered the new Secretary of State, James Madison, to withhold Marbury's and several other men's commissions. Being unable to assume the appointed offices without the commission documents, Marbury and three others petitioned the Court to force Madison to deliver the commission to Marbury. The Supreme Court denied Marbury's petition, holding that the statute upon which he based his claim was unconstitutional.

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  • Anonymous
    1 decade ago
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