SlideShare utilise les cookies pour améliorer les fonctionnalités et les performances, et également pour vous montrer des publicités pertinentes. Si vous continuez à naviguer sur ce site, vous acceptez l’utilisation de cookies. Consultez nos Conditions d’utilisation et notre Politique de confidentialité.
SlideShare utilise les cookies pour améliorer les fonctionnalités et les performances, et également pour vous montrer des publicités pertinentes. Si vous continuez à naviguer sur ce site, vous acceptez l’utilisation de cookies. Consultez notre Politique de confidentialité et nos Conditions d’utilisation pour en savoir plus.
Case Summary <ul><li>Once Thomas Jefferson was elected president in the election of 1800, he told his secretary of state, James Madison, not to deliver the papers needed to the newly appointed judges of the opposite party in order to keep members from the other party out of office.
William Marbury, appointed as justice of peace in the district of Columbia, sued James Madison for failing to deliver the necessary papers to him and the rest of the newly appointed members. </li></ul>
Arguments <ul><li>Marbury argued that he was entitled to his commission and he had the right to issue a writ of mandamus. In this situation the writ against Madison was that it was his duty to deliver the papers to Marbury and the other newly appointed officials elected in the opposing party.
Madison disagreed, by the time the case came before court he was the new Chief Justice. He argued the opposite of Marbury which was that he didn’t have to deliver the papers because the president had signed off on it. </li></ul>
Official Decision <ul><li>In the end, the court decided that it was not Madison’s duty to carry out with giving Marbury the papers. This was because the president had approved of it happening.
This case eventually led to the idea of Judicial Review which is that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch. </li></ul>