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natali 33 [55]
3 years ago
12

(Please help :) !! )What was a result of the Supreme Court case Marbury v. Madison?

History
2 answers:
Reika [66]3 years ago
7 0

Answer:

The Supreme Court gained the power to declare laws unconstitutional.

Explanation:

This is called Judicial Review.

romanna [79]3 years ago
5 0

Answer:

The correct answer is D. As a result of the Supreme Court case Marbury v. Madison, the Supreme Court gained the power to declare laws unconstitutional.

Explanation:

In 1801, President Adams (former US president) appointed Marshall president of the Supreme Court along with other judges, including Marbury.

Once the presidential term was over, he was succeeded by President Jefferson, who designated Madison as secretary of state.

Most of the judges appointed during the previous government received the notification stating that they had access to their positions as judges. However, others, including Marbury, did not receive such notification and decided to ask Madison that the appointment be notified to be able to access the position. Upon not receiving a response from Madison, Marbury asked the Court to issue a “mandamus” by which Madison was ordered to comply with the notification, based on Section thirteen of the Judicial Act, that granted the Supreme Court original jurisdiction to issue the "mandamus."

Marbury was entitled to the appointment he demanded, taking into account that it had been signed by the president and sealed by the Secretary of State during Adams's presidency.

The refusal was a clear violation of that right against which the laws of the country provided a remedy, to issue a commandment.

The Constitution of the United States establishes in its Article III, the jurisdiction of the Supreme Court only by appeal, except in certain cases in which it is originally, not finding the "mandamus" within these exceptions, so the petition of the plaintiff, since the Supreme Court did not have jurisdiction to issue orders in original jurisdiction.

This resulted in a conflict between the Constitution and the Judiciary Act, Section 13 (of lower hierarchical rank). Marshall decided in his sentence to declare the unconstitutionality of the Judiciary Act, considering that it extended the jurisdiction of the Court and contradicted the Constitution.

Therefore, the principle of constitutional supremacy was affirmed, as well as the principle that the judiciary exercises constitutional control.

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