24 fev 1803 ano - Marbury vs. Madison

Descrição:

Description: Right before leaving office, John Adams appointed William Marbury to be a federal judge. When Thomas Jefferson came into office, he ordered secretary of states James Madison to withhold the letter of appointment. Marbury sued for a court order for Madison to deliver the letter. The case eventually made its way to the Supreme Court. The Supreme Court unanimously voted that Marbury should awarded his position. Chief Justice John Marshall, however, stated that the court had no jurisdiction over this case, and that the Federal Judiciary Act of 1789, which gave the Supreme Court Jurisdiction over these types of cases, was unconstitutional.
Significance: This case established judicial review, whereby the Supreme Court now had the power decide whether laws passed by Congress were constitutional. Judicial Review allows the Supreme Court to more effective check the power of Congress and the Executive Branch. In relation to social structures, this was one step closer to democracy, and represented the concept of equalty and representation.

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