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marbury madison mcculoch maryland

marbury madison mcculoch maryland - W illy Goebel Per 3...

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Willy Goebel Per. 3 10/22/09 Marbury v. Madison Case: William Marbury petitioned the Supreme Court to force Secretary of State James Madison to deliver Marbury’s commission to him. Decision: Marbury had the right to his commission but the court did not have the power to force Madison to deliver the commission. Reason: The Judiciary Act of 1789 was determined to purport to give the Supreme Court original jurisdiction over writs of mandamus. Article III of the Constitution, which defines the Supreme Court's original and appellate jurisdictions, stated, however, that “In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.” Marbury had argued that the Constitution was only intended
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