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Please explain what BASICALLY happen btw the case of Marbury VS Madison

2007-11-07 11:36:21 · 2 answers · asked by eileen r 1 in Politics & Government Law & Ethics

2 answers

I'm sure you've looked this up on Wikipedia, and I understand that it's confusing. Basically, Marbury established the authority of the legislative and judicial branches of the federal government. There is an inherent conflict within all three branches as to distribution of authority, as there probably should be in a democratic republic. If the Congress makes a law that is against the Constitution, it is up to the courts (ending with the Supreme Court) to strike down that law.

2007-11-07 11:59:55 · answer #1 · answered by Anna P 7 · 0 0

President Jefferson (current president at the time) tried to deny all appointments of federalist judges. Before President Adams (president before Jefferson), left office appointed William Marbury as justice of peace for the District of Columbia. President Jefferson ordered secretary of state James Madison not to deliver the official papers that gave Marbury the authority. Marbury then sues Madison, and told the Supreme Court to tell Madison that he has to take office. According to the Judiciary Act of 1789(created a national court systems with 3 circuit courts and 3 teen district t courts and headed by the supreme court) the court has the right to give such an order.
Chief Justice John Marshall (Supreme Court judge) was against Marbury saying that is was against the constitution to give such an order to the executive branch. Alternatively, you can say that Marshal was saying that part of the Judiciary Act of 1789 was unconstitutional. (This was the first time the federal court was so bold)
This could be said that the victory was for Jefferson administration but more to the victory of the Supreme Court by having judicial review (this is when federal courts could review state laws and tell decisions to determine if the state is keeping up with federal constitution, and also allows federal court to decide whether laws passed by congress are constitutional).

2007-11-07 23:02:32 · answer #2 · answered by Anonymous · 1 0

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