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(1803)  Marbury v Madison, 5 U.S. 137 (1803)                    Supreme Court Book Mall                                    American History Book Mall

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

 Name of Case:  Marbury v Madison, 5 U.S. 137

Facts:
Under the administrations of George Washington and his successor, John
Adams, only members of the ruling Federalist Party were appointed to
the bench, and under the terms of the Constitution, they held office
for life during good behavior. When the opposing Republicans
(Jeffersonians?) won the election of 1800, they controlled the
presidency and Congress, but the Federalists still dominated the
judiciary. One of the first acts of the new administration was to
repeal the Judiciary Act of 1800, which had created a number of new
judgeships. Although President Adams had attempted to fill the
vacancies prior to the end of his term, a number of commissions had
not been delivered, and one of the appointees, William Marbury, sued
Secretary of State James Madison to force him to deliver his
commission as a justice of the peace.

Issues:
The new chief justice, John Marshall, the new chief justice, was
between a rock and a hard place.  If the still not all powerful Court
awarded Marbury a "writ of mandamus" ordering Madison to deliver
Marbury's commission the Jefferson administration would ignore it.
This would weaken the court's prestige and power. But, the Court could
still not appear to be acting in fear, by simply denying the Writ.
The issue was, how could the Supreme Court act without challenging the
new administration, but appearing to be strong and even extending its
power.

Decision of the Court:
Marbury does not get his commission. Marshall's decision in this case
was a great victory for increasing Supreme Court power vis avis the
Congress.

Rulings on each issue:
The administration should have issued the commission, but part of the
law authorizing it was unconstitutional.

Justification Offered for Each Ruling:
The decision said Madison  "should have" delivered the commission to
Marbury, but then held that the section of the Judiciary Act of 1789
that gave the Supreme Court the power to issue writs of mandamus
exceeded the authority allotted the Court under Article III of the
Constitution, and was therefore null and void. He was able to chastise
the Jeffersonians, establish the Court's basic authority to find laws
of Congress unconstitutional without creating a situation where the
court's order would be denied and its prestige diminished.

Rule of Law:
The Supreme Court has the authority to declare acts of Congress, and
by implication acts of the president, unconstitutional if they
exceeded the powers granted by the Constitution.   The Court is the
deciding body on matters concerning the Constitution and what it
means.
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More Supreme Court Resources

Storm Center, David M. O'Brien.  Norton. Fifth Edition  Click here for Storm Center, price $23.45

Reason in Law.  Lief F. Carter and Thomas Burke. 2002 Longman.  Sixth edition. Click here for textbook binding, 1999 (fifth edition) at $37.40 - used books less

http://supct.law.cornell.edu/

http://ls.wustl.edu

http://findlaw.com/

http://www.c-span.org/

The Federalist Papers.  Hamilton, Madison and Jay.  Click here to get the federalist papers downloaded for just $2.65   Click here for a paperback copy of the Federalist Papers for $5.35

Seven Habits of Highly Effective People  (so you can effectively learn about the Supreme Court, or anything else) should be used in conjunction with First Things First.  Click here to buy Seven Habits for $4.96 and Click here to buy First Things First for $11.20

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More American History Resources

Dick's Guide to a Free College Level Course in American History since 1865

1786 Federalist Papers 45 and 46 by James Madison explaining why the proposed federal government would not exceed the powers of the State governments

1863 Reconstruction

President Lincoln and President Johnson's views of Reconstruction

1865 Republican Radicals

1866 The Fourteenth Amendement

1867 Congress Took Charge of Reconstruction

1870 The Fifteenth Amendment

1870 After The Civil War and Reconstructior

1869-76 Grant as President and the Hayes/Tilden debacle

1876 The Dirty Politics of The Industrial Age, Local, State and National

1877 Compromise; Dick's Guide to the Compromise of 1877

1880-1913 The USA Becomes an Industrial Giant by 1900

1880-1913 American Society in the Industrial Age

1916 Sykes-Picot Agreement leads to World War II, Dick's Guide to American History

1917 Post World War I, Society and Culture: Change and Adjustment

1917 Urban and Rural Conflicts After World War I (The Great War)

1921-1933  The New Era: 1921-1933

1933 The New Deal: 1933-1941

1936 The Election of 1936, FDR beats Landon, 60% of popular vote, 98% of electoral

 1937 FDR takes on Supreme Court; loses fights with nine old judges and loses to stack court

 1944-45 Yalta and Potsdam

 1945  Post World War II society - The Baby Boomers

 1946 America's Post World War Containment Policy directed at Soviet Expansionism

 1947 The Marshall Plan was created during the Truman Years

 1948 The Election of 1948, Truman beats Thomas Dewey and Strom Thurmond's Dixiecrats

 1950 The Korean War

 1950 McCarthyism

 1951 Truman sets up a Loyalty Review Board in 1951 to fight Communism at home

 1952 Dwight D. Eisenhower   

 1992 Bill Clinton

 1998 President Clinton Acts as a Role Model for American Men

GENERAL TOPICS

America's Lost Limited Government, King Kong Federalism:

Dick's Guide to American History Biographies

American History, Free College Level Course  (Old Version, but it does have many links missing in the version above)

American Nation (The) by John A. Garraty  

American History Educational Resources on the WWW

Clinton, Bill  Acts as a Role Model

Lincoln, Abraham - Online                                      

Politician Scandals before the 1990's

Presidents in the 19th Century

Presidents in the 20th Century

Bill Clinton's Presidency

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Primary Source materials about American history Marbury v Madison, 5 U.S. 137 (1803)

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