The Sweet Trials Essay
Marbury v. Madison = a case of judicial review. What that means is that the Supreme Court will take a case on appeal and they will make a two part decision. (1) what the lawsuit was about (2) what was the law itself (what law did the case rest upon).
A case of judicial review – the first case of judicial review. It will result in the supreme court gaining a lot of power. Begins on the night befgore Jefferson takes office as president – so …show more content…
All cases to the supreeme court must comeon appeal unless the person bringing the suit is an Ambassador. None of which Marberry was – but in 1793 a law passed – the Judiciary Act passed by congress that said it was okay for lawsuits to originate in the supreme court. So Marshall looks at this and he said the supreme court doesn’t have the power to make Madison do that because of the Judiciary Act – the lawsuit should have never originaged in the supreme court. If the Judiciary act says you can originate a lawsuit in the supreme court and the constitution says it does not -= iso the judiciary act is