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2007-01-07 16:47:07 · 4 answers · asked by Barbeaux 1 in Arts & Humanities History

4 answers

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

The case resulted from a petition to the 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's Secretary of State. When Thomas Jefferson assumed office, he ordered the new Secretary of State, James Madison, to withhold Marbury's and several other mens' commissions. Marbury and three others petitioned the Court to force Madison to deliver the commission to Marbury. The case was ultimately unsuccessful for Marbury, who never became a Justice of the Peace in the District of Columbia.

2007-01-07 16:50:47 · answer #1 · answered by Anonymous · 0 0

William Marbury had been appointed a Justice of the Peace of the District of Columbia by President John Adams under the Judiciary Act of 1800. When Thomas Jefferson became President in 1801, Marbury's commission had not been delivered, and Jefferson refused to have it delivered. James Madison, Jefferson's Secretary of State, was the person legally designated to deliver the commission and he entirely supported Jefferson. Since Madison was responsible for the delivery, Marbury sued him in the U.S. Supreme Court and thus their names are forever attached to the landmark Supreme Court case, Marbury v. Madison (1803).

Marbury was an ardent Federalist, active in Maryland politics and aligned with John Adam's wing of the party. He supported an effort to change the way the Electoral College electors were selected in Maryland; a change that might have defeated Thomas Jefferson and put John Adams back in the White House for another four years. It is entirely understandable that Jefferson and Madison were united against him and that they would not have delivered the commission even if ordered to by the Supreme Court.

2007-01-07 17:53:06 · answer #2 · answered by dem_dogs 3 · 0 0

Marbury was a political appointee of John Adams. When James Madison took office, he replaced him with his own appointee. Marbury sued, claiming his appointment was valid and could not be set aside constitutionally. Part of the government's argument was that it interpreted the Constitution to mean that they could. When the case reached the Supreme Court, it found that Madison had the authority to replace Marbury, as head of the Executive branch. But the real crux of the decision was its finding that the Executive branch did not have the authority to interpret the Constitution. That rested wholly with the Supreme Court.

2007-01-08 00:56:13 · answer #3 · answered by cross-stitch kelly 7 · 0 0

See the below link.

2007-01-07 16:57:02 · answer #4 · answered by Jolly 7 · 0 0

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