what is the constiutional issue btwn marbury v madison case?

i just need to know why this case went to the supreme court? links? Any answer in a paragraph gets 100points!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

1 Answer

  • 1 decade ago
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    That is 10 pots not 100.

    This is a major legal case and I remember it being discussed in Constitutional Law class but can't recall waht the case is about. Duh! Sorry about that. You should be able to google it though. It certainly should be in your Constitutinal Law textbook. You look in the index in the back and should see it there.

    Now I'll go to see if I can do some quick research on this. If you need to know this then it must be part of your homework and you should get off your duff and do your homework. You must not be in lawschool as law school students have more gumption and research skills or they won't be there long. You must be in some class in high school.

    Here you go -- a few seconds only:

    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 (more)

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

    Holding: 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 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

    (Note: here is your paragraph you requested but is straight out of Wickipedia)

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

    This case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force Secretary of State James Madison to deliver the documents, but the court, with John Marshall as Chief Justice, denied Marbury's petition, holding that the part of the statute upon which he based his claim, the Judiciary Act of 1789, was unconstitutional.

    Marbury v. Madison was the first time the Supreme Court declared something "unconstitutional," and established the concept of judicial review in the U.S. (the idea that courts may oversee and nullify the actions of another branch of government). The landmark decision helped define the "checks and balances" of the American form of government."

    Source(s): Wikipedia but I'd suggest you look up the case number and form a paragraph that paraphrases it without using the actual wording. The explanation is not from me, but from an online research tool. Use that and you can learn a great deal. Not a legal opinion.
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