Sunday, November 25, 2007

Marbury Vs. Madison 1803 10/11/07

 Marbury commissioned to be JP in new capitol

Midnight appointment by Adams

Marbury's commission was not delivered, so he sued Pres. Jefferson's Sec. of State, James Madison

Chief Justice Marshall held that while Marbury was entitled to the commission, the statue which allowed Marbury's remedy was unconstitutional, as it granted the Supreme Ct. powers beyond what the Constitution.

The decision paved the way for judicial review, which gave courts the power to declare statutes unconstitutional.

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