POLS 1101 Lecture Notes - Lecture 1: Appellate Jurisdiction, Public Law, Precedent
7 Dec 2015
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Jefferson (dr) is elected and appoints madison as secretary of state. Marbury didn"t get his judicial appointment in time, suing madison because he wants the jefferson administration to deliver the appointment since he has been approved. Marshall is now chief justice, so he"s presiding over a case that he essentially caused. The court could side with jefferson, but that would make them look even weaker than they already are. Or they could side with marbury, and make. Jefferson give marbury his appointment but jefferson could have said no and the court loses legitimacy. Marshall chooses to say that marbury had no legitimacy to sue at the level of the supreme court. Judiciary act of 1789 (says supreme court has original jurisdiction in certain cases) is in conflict with the constitution, so it"s declared unconstitutional, so marbury couldn"t have sued there originally. He should have filed suit in a lower level court and then appealed to the.
