01:790:106 Lecture Notes - Lecture 8: William Marbury, Appellate Jurisdiction, Reconstruction Acts
13 Mar 2018
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Judicial review : power to review and overturn acts of congress, the executive branch, and the states if the court finds that they are unconstitutional. Court the ultimate power to say what the constitution means. William marbury appointed justice of the peace by president adams. Secretary of state john marshall fails to deliver commission in time. Marbury sues incoming secretary of state james madison. He brings suit directly to supreme court, asking for writ of mandamus. Section 13 of judiciary act of 1789 is unconstitutional. 3: the supreme court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the supreme court shall have appellate jurisdiction. The constitution is supreme, therefore the constitution overrides ordinary acts of. Judiciary act contradicts the constitution, therefore it is unconstitutional. Courts are therefore not required to enforce it. (without enforcement, it simply isn"t a law)
