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Marbury v. Madison. Court case that ended up establishing Judicial Review Vocabulary: Original Jurisdiction 3 Main areas: Cases dealing with Ambassadors, Public Ministers, and States as a party (Article III sec. 2) Appellate Jurisdiction Judiciary Act of 1789 Writ of Mandamus Lame Duck.
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Marbury v. Madison Court case that ended up establishing Judicial Review Vocabulary: Original Jurisdiction 3 Main areas: Cases dealing with Ambassadors, Public Ministers, and States as a party (Article III sec. 2) Appellate Jurisdiction Judiciary Act of 1789 Writ of Mandamus Lame Duck
Marshall’s Options: • Issue Writ to appoint fellow Federalist, Marbury (couldn’t enforce the ruling, risks appearing weak) • Not issue writ and appear weak Apnt. Apnt. Apnt. Apnt. I want a Writ of Mandamus! Sup. Ct. Justice Sec. of State JOHN MARSHALL MARBURY JOHN ADAMS Sec. of State Decides he doesn’t have the power to hear the case and declares sec. 13 of the Judiciary Act of 1789 unconstitutional Hey I didn’t get mine! MADISON Judiciary Act of 1789 The Constitution vs. JEFFERSON RED= FederalistBLUE= Democratic-Republican