4A-Marbury v. Madison (1803) (24 févr. 1803 – 24 févr. 1803)

Description:

establishes the right to Judicial Review by the Supreme Court; right to declare laws unconstitutional.

EVENT: THE BEFORE__CAUSE__IMPACT

Judiciary Act of 1801--> increased the number of federal judges and pres. John Adams (at the time) had the right to appoint new judges. There were a few "midnight judges" since some were appointed during his last day's n office.
At this time, federalists had lost many positions in the elections of 1800 and now Federalists sought to control the judicial branch.
Madbury: one of Adam's "midnight judges" did not receive his paper (of certification) from the secretary of state (James Madison). As secretary of state, Madison should have given his commission, but he refused it because he didn't want a federalist judge.
So.. Madbury sues Madison and Supreme Court rules that Madbury had a right to his commission (it did not guarantee his win tho) because in addition according to the Judiciary Act of 1789: it stated that courts could enforce the delivery of commissions, which the supreme court rules unconstitiution because it isn't the judiciary branc'es job/power to enforce laws. As a result, the court couldn't do much for Madbury.

SIGNIFICANCE: it established the principle of judiciary review: the supreme court is the sole interpreter of the constitution.

Ajouté au bande de temps:

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