marbury vs madison 2.0

本帖于 2025-08-26 07:18:41 时间, 由普通用户 bustout 编辑
What is the history behind the Marbury v. Madison case?
In 1801, outgoing President John Adams had issued William Marbury a commission as justice of the peace — but the new Secretary of State, James Madison, refused to deliver it. Marbury then sued to obtain it.

Who won in Madison vs. Marbury?

In Marbury v. Madison (1803), the Supreme Court did not rule in favor of Marbury, who was denied his commission, but rather in favor of Madison, by denying Marbury the writ he requested because the law enabling his claim was found unconstitutional. Although the Court found that Marbury had a legal right to the commission and that Madison had wrongly withheld it, the Court could not grant him the remedy because it lacked the authority to do so. Chief Justice John Marshall's ruling established the principle of judicial review, giving the Supreme Court the power to declare a law unconstitutional.

 

 

 


 

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