Marbury v. Madison: Difference between revisions
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== Facts of the case == | == Facts of the case == | ||
William Marbury was one of several "midnight appointments" made by outgoing President [[John Adams]] at the very end of his term. | William Marbury was one of several "midnight appointments" made by outgoing President [[John Adams]] at the very end of his term. The Senate approved the appointments, but a few of the commissions, including Marbury's, were not delivered prior to the transfer of presidential power from Adams to his successor, [[Thomas Jefferson]]. Upon taking office, Jefferson ordered his secretary of state, [[James Madison]], to withhold the undelivered commissions and issued his own replacement appointments over the next couple of weeks. | ||
== Legal questions and ruling == | == Legal questions and ruling == | ||
Revision as of 12:15, 4 March 2009
Marbury v. Madison[1] was a landmark case decided by the Supreme Court of the United States in 1803. In its unanimous ruling that a section of the Judiciary Act of 1789 conflicted with Article III of the Constitution, the Court established its power of judicial review, which is the power to adjudicate the constitutionality of actions taken by the government's legislative and executive branches.
Facts of the case
William Marbury was one of several "midnight appointments" made by outgoing President John Adams at the very end of his term. The Senate approved the appointments, but a few of the commissions, including Marbury's, were not delivered prior to the transfer of presidential power from Adams to his successor, Thomas Jefferson. Upon taking office, Jefferson ordered his secretary of state, James Madison, to withhold the undelivered commissions and issued his own replacement appointments over the next couple of weeks.
Legal questions and ruling
Constitutional implications
References
- ↑ 5 U.S. 137 (1803)