Case Study 1 Marbury v Madison.docx - Running head CASE...

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Running head: CASE STUDY 1 1 Case Study 1: Marbury v. Madison Melissa Harmon Professor Michelle Blank LEG420 U.S. Courts Strayer University April 15, 2017
CASE STUDY 1 2 Case: Marbury v. Madison (1803). Facts: William Marbury (Marbury) has brought a suit against Secretary of State, James Madison (Madison), seeking delivery of his appointment that former President John Adams (President Adams) had ordered at the end of his term. Issue: Does the Supreme Court have authority to issue a writ of mandamus? Is Marbury entitled to this? Is Marbury allowed to sue for the commission? Holding: Unanimous. Case dismissed for lack of jurisdictional authority. Majority Reasoning : John Marshall Rule: The judicial power in the United States extends to all cases under the Constitution; the Supreme Court is bound to decide cases according to the Constitution rather than the law when the two conflict. If a law is found to be in conflict with the Constitution, then the law is invalid (Marbury v. Madison. (n.d.). Oyez.). Section 13 of 1789 Judiciary Act “And be it further enacted, That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction. And shall have exclusively all such jurisdiction of suits or proceedings against ambassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations; and original, but not exclusive jurisdiction of all suits brought by ambassadors, or other public ministers, or in which a consul, or vice consul, shall be a party. And the trial of issues in fact in the Supreme Court, in all actions at law against citizens of the United States, shall be by jury. The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several states,
CASE STUDY 1 3 in the cases herein after specially provided for; and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States”.

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