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Major character


                  Election in 1800

  Ex. president                      New president



   John Adam                           Jefferson

                   Sec of state

  John Marshall                        Medison
Appointment as Judges

 John Marshall.
           He was ex. sectary of president and after
  retirement become new chief justice of united state
  of America.

 Marbury.
   Marbury appointed as judge of Columbia.
Parties in America


    John Adam        Jefferson




                       Anti
    Federalist       Federalist
Elections


               1800




           lame-duck session




                1801
Mandamus


A writ of mandamus or mandamus (which means "we
command" , or sometimes mandate, is the name of one of
the prerogative writs in the common law, and is "issued by a
superior court to compel a lower court or a government
officer to perform mandatory or purely ministerial duties
correctly."
Mandamus is a judicial remedy which is in the form of an
order from a superior court to any government subordinate
court, corporation or public authority to do or forbear from
doing some specific act which that body is obliged under
law to do or refrain from doing, as the case may be, and
which is in the nature of public duty and in certain cases of
a statutory duty.
Jurisdiction



                    Supreme
                      court




          Original             Appellate
Article III


 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.

 —U.S. Constitution, Article III, Section 2, Clause 2
The Decision

 On February 24, 1803, the Court rendered a unanimous (4–
  0) decision, that Marbury had the right to his commission
  but the court did not have the power to force Madison to
  deliver the commission. Chief Justice Marshall wrote the
  opinion of the court. Marshall presented the case as raising
  three distinct questions:
 Did Marbury have a right to the commission?
 Do the laws of the country give Marbury a legal remedy?
 Is asking the Supreme Court for a writ of mandamus the
  correct legal remedy?[2
Judicial  review
Judicial  review
Judicial  review

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Judicial review

  • 1.
  • 2.
  • 3.
  • 4. Major character Election in 1800 Ex. president New president John Adam Jefferson Sec of state John Marshall Medison
  • 5. Appointment as Judges  John Marshall. He was ex. sectary of president and after retirement become new chief justice of united state of America.  Marbury. Marbury appointed as judge of Columbia.
  • 6. Parties in America John Adam Jefferson Anti Federalist Federalist
  • 7. Elections  1800 lame-duck session 1801
  • 8. Mandamus A writ of mandamus or mandamus (which means "we command" , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly." Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.
  • 9.
  • 10. Jurisdiction  Supreme court Original Appellate
  • 11. Article III  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.  —U.S. Constitution, Article III, Section 2, Clause 2
  • 12. The Decision  On February 24, 1803, the Court rendered a unanimous (4– 0) decision, that Marbury had the right to his commission but the court did not have the power to force Madison to deliver the commission. Chief Justice Marshall wrote the opinion of the court. Marshall presented the case as raising three distinct questions:  Did Marbury have a right to the commission?  Do the laws of the country give Marbury a legal remedy?  Is asking the Supreme Court for a writ of mandamus the correct legal remedy?[2