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Lilit [14]
2 years ago
6

Can somebody please explain the Marbury vs. Madison case? I read about it but I still don't necessarily get it... this would be

really helpful, please and thank you :)
(REAL ANSWERS ONLY PLEASE!!!)
History
2 answers:
fenix001 [56]2 years ago
4 0

Answer:

Answer Listed BELOW

Explanation:

The Court found that Madison’s refusal to deliver the commission was illegal, but did not order Madison to hand over Marbury’s commission via writ of mandamus. Instead, the Court held that the provision of the Judiciary Act of 1789 enabling Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court’s original jurisdiction beyond that which Article III, Section 2, established. Marshall expanded that a writ of mandamus was the proper way to seek a remedy, but concluded the Court could not issue it. Marshall reasoned that the Judiciary Act of 1789 conflicted with the Constitution. Congress did not have power to modify the Constitution through regular legislation because Supremacy Clause places the Constitution before the laws.

Makovka662 [10]2 years ago
4 0
Madison, legal case in which, on February 24, 1803, the U.S. Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review. The court's opinion, written by Chief Justice John Marshall, is considered one of the foundations of U.S. constitutional law.
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