Marbury v.

Madison
Marbury v. Madison, 5 U.S. 137 (1803)

Facts of case
Case of the validity of Marburys claim to position The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases herein after specially provided for; and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States. John Adams appoints justices to the court at the end of his term Marbury was appointed justice of peace in the District of Columbia by john Adams. His commission did not arrive on time. Marbury petitioned Supreme Court to force Secretary of State John Madison to deliver the commission.

Issues raised
1. 2. 3. 4. Is Marburys appointment valid? Did the judiciary act of 1789 support claim? Was the judiciary act of 1789 constitutionally correct? Does the Supreme Court have power to rule on the constitutional validity of laws?

Decisions
1. 2. 3. 4. Yes and No- his appointment and its condition are valid ,but the position is not valid Yes- the act supports claim No- the act is not correct in relation to the constitution Yes- the Supreme Court has the power of judicial review or to review the constitutional validity of cases of lower courts

Reasoning
1) Violated legal right a) There should be a remedy for violation of legal rights b) Believed they were required to remedy the situation 2) If court does not have power to hear case they may not issue an opinion a) Had to define influence of Court b) Constitutional issue

Separate Opinions
1) Majority- Judiciary act was unconstitutional 2) Dissenting- no dissenting decision

Analysis
This case is the most important case of the Supreme Court as it establishes judicial review, the ability of the Court to review the legality of lower court cases. This case established the first definition of the supreme courts power. The rulings of latter cases are the direct effect of the establishment of judicial review. The ruling is also attributed to the increase of federal power and the solidification of the judiciary branch. In my opinion this case has helped shape the form of current government into the democratic-republic it now is.