Marbury V. Madison |
Justice: John Marshall
|
Date: 1803
Case Background:
John Marshall appointed Marbury justice as a lame duck in his last hour of his presidency, know as "midnight appointees". When Jefferson became President, his secretary Madison did not give Marbury the proper document to stay appointed as a justice. The case was then taken to the Supreme Court. Issue: Marbury obtained a Writ of Mandamus because he felt he had the right to keep his appointed position, and receive the document saying so. Decision: The Supreme Court decided that Marbury was right according to the Judiciary Act of 1789. The Judiciary Act of 1789 was then declared unconstitutional. Impact: Judicial Review, the power of the federal courts to void acts of Congress in conflict with the Constitution. The decision of the case played a key role in making the Supreme Court a separate branch of the government. The role of the judicial branch was elevated because of this decision. |