Madison won, the Supreme Court denied Marbury's petition, holding that the statute upon which he based his claim was unconstitutional.
2007-08-28 14:37:13
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answer #1
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answered by just4a2nd 3
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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 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. U.S. Const. art. III, Section 2 Clause 2 "In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make." [edit] Judiciary Act of 1789, § 13 "The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases herein after provided for; and shall have power to issue writs of prohibition to the district courts . . . and writs of mandamus . . . to any courts appointed, or persons holding office, under the authority of the United States
2016-05-20 22:16:21
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answer #2
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answered by ? 3
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Madison won, in the sense that the court refused to grant the several petitions by William Marbury, Dennis Ramsay, Robert Townsend Hooe, and William Harper.
2007-08-28 14:52:10
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answer #3
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answered by coragryph 7
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