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• Do the plaintiff have a right to receive their commissions?

• Can they sue their commissions in court?

• Does the Supreme Court have the authority to order the delivery of their commissions?

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The significance of this case is that it established judicial review. Judicial Review is the power to declare a law constitutional. This made the judicial branch stronger. It also says that the Constitution is the supreme law of the land and that the Supreme Court is the highest court.

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The court's opinion was that the Judiciary Act of 1789 conflicted with Article 3 Section 2 of the U.S Constitution and that it was null and void. The court says that Marbury v. Madison is considered one of the foundations of U.S. Constitutional law.

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• Thomas Jefferson defeated John Adams in the 1800 election

• Before Jefferson took office, the Judiciary act was passed, which made new courts, added judges, and gave the president more control over the appointment of judges.

• The purpose of the act was to frustrate Jefferson due to the fact that he needed to appoint 16 new circuit judges and 42 new justices of the piece

• The appointees were approved by the Senate, but they needed their commissions to be valid, which was in possession of Secretary of State James Madison at the time

• William Marbury, who had been appointed Justice of the Peace in the District of Columbia, had not received his valuable document

• Marbury petitioned the Supreme Court to compel Madison to deliver the documents

• Marbury and three other appointees petitioned with a writ of mandamus compelling the delivery of the commissions ( A writ of mandamus is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do

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https://www.youtube.com/watch?v=hjVAGF-N8oQ

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Marbury vs. Madison

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Background: Marbury wanted the commission that Madison had in his possession so he sued Madison for it.

Legal Issue: Did Marbury deserve his commission?

Opinion of Court: Yes Marbury deserved the commission but no they could not force Madison to hand it over.

Social Change: This case established Judicial Review