MARBURY v. MADISON

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Case Basics
Petitioner 
Marbury
Respondent 
Madison
Opinion 
Term:
Facts of the Case 

The case began on March 2, 1801, when an obscure Federalist, William Marbury, was designated as a justice of the peace in the District of Columbia. Marbury and several others were appointed to government posts created by Congress in the last days of John Adams's presidency, but these last-minute appointments were never fully finalized. The disgruntled appointees invoked an act of Congress and sued for their jobs in the Supreme Court. (Justices William Cushing and Alfred Moore did not participate.)

Question 

Is Marbury entitled to his appointment? Is his lawsuit the correct way to get it? And, is the Supreme Court the place for Marbury to get the relief he requests?

Conclusion 
Decision: 4 votes for Madison, 0 vote(s) against
Legal provision: Section 13 of the Judiciary Act of 1789

Yes; yes; and it depends. 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.

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MARBURY v. MADISON. The Oyez Project at IIT Chicago-Kent College of Law. 15 September 2014. <http://www.oyez.org/cases/1792-1850/1803/1803_0/>.
MARBURY v. MADISON, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1792-1850/1803/1803_0/ (last visited September 15, 2014).
"MARBURY v. MADISON," The Oyez Project at IIT Chicago-Kent College of Law, accessed September 15, 2014, http://www.oyez.org/cases/1792-1850/1803/1803_0/.