Question

Write a one-paragraph summary of the issues, decisions, and significance of each of

Answer 1

Answer:

MARBURY V. MADISON

The case stems from facts that occurred in 1801, where William Marbury had been appointed as a Justice of peace but had not been commissioned. He sought the Court to mandate the Secretary of State to the commission. Issues raised were whether the plaintiff has a right to be commissioned, whether he had a right to sue for a commission in court and whether the Supreme Court has the authority to order delivery of their commission.

The Court held that while failure to commission the plaintiff was unlawful, the proper procedure to follow is to come by way of MANDAMUS. It further held that where the Legislature seeks to amend the Constitution in a way which will render it null and void, through a Legislation, it will be declared void i.e the Legislature and the Court are empowered to declare it null and void. Thus, the introduced the power of the Court to make Judicial review on legislation that is incompatible with the Constitution.