Marbury v. Madison

By Austin

Plaintiffs

William Marbury – was a famous “Midnight Judge” William Harper- he was a jurist, politician, and social

and political theorist from South Carolina Robert R. Hooe- ??? Dennis Ramsay- ???

* Plaintiff – a person who initiates a lawsuit

Defendant

James Madison – An American politician political philosopher. Served as the fourth president of the U.S. One of the Founding Fathers During the case of Marbury v. Madison he was the

Secretary of the State.

Conflict

In the night before John Adam was to leave, he had appointed Marbury as a Justice of the Peace in the District of Columbia. The reason for Marbury to be appointed there was so that he would give the Federalist a strong place in the judicial branch. While Marbury was going go take his place up at as a judge, he was stopped by James Madison. Madison stopped him because he had never gotten the paperwork saying that he would work for him, even though he was in fact appointed this position. For this reason Marbury sued Madison.

Facts of the Case

The case began on March 2, 1801

Facts of the Case

The case began on March 2, 1801.In The case of Marbury v. Madison controversy had clouded the question of who had the

final authority to determine the meaning of the Constitution.

The U.S. Supreme Court

John Marshal was the judge of the Supreme Court during this case. In this case he made a big change

Justices of the Court (at the time of the case):

Samuel Chase, William Cushing, John Marshall (writing for the Court), WilliamPaterson, Bushrod Washington

http://law.jrank.org/pages/13478/Marbury-v-Madison.html

Significance

• This case established the judicial review under Article III of the Constitution

• It confirmed that courts have the power of judicial review

Conclusion

The justices held, through Marshall's forceful argument, that on the last issue the Constitution was "the fundamental and paramount law of the nation" and that "an act of the legislature repugnant to the constitution is void." In other words, when the Constitution--the nation's highest law--conflicts with an act of the legislature, that act is invalid. This case establishes the Supreme Court's power of judicial review.