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If the Supreme Court decided that Marbury was entitled to his commission how could it be sure that the Executive branch would deliver it?
Wiki User
∙ 13y ago
They couldn't; that created a significant dilemma for Chief Justice John Marshall.
The Supreme Court has no enforcement power over its decisions, so there was no way they could compel Madison to deliver Marbury's commission, which may be one reason Marshall denied the Court had original jurisdiction over the matter. If the Court issued the requested writ of mandamus, and Madison refused to comply (a theory tested when Madison refused to answer the Court's inquiry as to why it should not issue a writ for the commission), it would weaken the power of the Judicial branch.
When a Court decision involves a question of documented law, the courts generally make a ruling, then remand the case back to the Circuit Court (US Court of Appeals) or state supreme court to ensure the decision is carried out. Otherwise, only respect for the Court and established protocol encourages compliance.
Case Citation:
Marbury v. Madison, 5 US 137 (1803)
Wiki User
∙ 13y ago
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In the US Supreme Court's opinion was Marbury entitled to his appointment?
Yes. In the opinion of the Court, Marshall declared Marbury was entitled to his commission, but that the Supreme Court didn't have original jurisdiction to issue the writ of mandamus Marbury requested. Marshall explicitly stated Marbury would have to refile his case in a lower court first, then appeal to the Supreme Court if he failed to get relief at that level. Marbury never refiled his case.Case Citation:Marbury v. Madison, 5 US 137 (1803)For more information, see Related Questions, below.
Did William Marbury ever get the commission that Marbury v Madison said he had a right to?
No. In the opinion of the Court, Marshall declared Marbury was entitled to his commission, but that the Supreme Court didn't have original jurisdiction to issue the writ of mandamus Marbury requested. Marshall explicitly stated Marbury would have to refile his case in a lower court first, then appeal to the Supreme Court if he failed to get relief at that level. Marbury never refiled his case.Case Citation:Marbury v. Madison, 5 US 137 (1803)For more information, see Related Questions, below.
What effect did the landmark supreme court decision in marbury vs madison have?
The effect of the landmark Supreme court decision in Marbury vs Madison helped in the separation of powers as far as the executive and legislature is concerned.
Which supreme court case established the judicial branch of the government as an equal to the legislative and executive?
Marbury V. Madison.
What was the name of the supreme court case of marbury vs Madison?
marbury vs. Madison
In the US Supreme Court's opinion was Marbury entitled to his appointment?
Yes. In the opinion of the Court, Marshall declared Marbury was entitled to his commission, but that the Supreme Court didn't have original jurisdiction to issue the writ of mandamus Marbury requested. Marshall explicitly stated Marbury would have to refile his case in a lower court first, then appeal to the Supreme Court if he failed to get relief at that level. Marbury never refiled his case.Case Citation:Marbury v. Madison, 5 US 137 (1803)For more information, see Related Questions, below.
Did William Marbury ever get the commission that Marbury v Madison said he had a right to?
No. In the opinion of the Court, Marshall declared Marbury was entitled to his commission, but that the Supreme Court didn't have original jurisdiction to issue the writ of mandamus Marbury requested. Marshall explicitly stated Marbury would have to refile his case in a lower court first, then appeal to the Supreme Court if he failed to get relief at that level. Marbury never refiled his case.Case Citation:Marbury v. Madison, 5 US 137 (1803)For more information, see Related Questions, below.
What effect did the landmark supreme court decision in marbury vs madison have?
The effect of the landmark Supreme court decision in Marbury vs Madison helped in the separation of powers as far as the executive and legislature is concerned.
Which supreme court case established the judicial branch of the government as an equal to the legislative and executive?
Marbury V. Madison.
What control does the executive branch have over the selection of judges?
The Supreme Court rules on the Constitutionality of state and federal laws. It validates and invalidates rules, laws, procedures and policies. However, it has no enforcement powers. The Executive Branch is the enforcer, and can choose whether or not to use its power in accordance with the Court's rulings. For a perfect example of this, look at the political background surrounding Marbury v. Madison (1803). By all rights, Marbury should have won. President Jefferson and his secretary of state, James Madison, said preemptively that they didn't care what the Supreme Court said. The Court was a bunch of nobodies, with no power whatsoever, and they would not issue Marbury's commission under any circumstances. If the Court had ruled for Marbury, and ordered Madison to issue the commission, the Court would have been the laughing stock of the country, because the Executive Branch was poised to ignore the Court's ruling. The Executive Branch has to put the Court's rulings into effect or they have no meaning. From: Kira D. Woof
What was the supreme case of Mar bury and Madison?
Marbury v. Madison, case decided in 1803 by the U.S. Supreme Court. William Marbury had been commissioned justice of the peace in the District of Columbia by President John Adams in the "midnight appointments" at the very end of his administration. When the new administration did not deliver the commission, Marbury sued James Madison, Jefferson's Secretary of State. (At that time the Secretary of State was charged with certain domestic duties as well as with conducting foreign affairs.) Chief Justice John Marshall held that, although Marbury was entitled to the commission, the statute that was the basis of the particular remedy sought was unconstitutional because it gave the Supreme Court authority that was implicitly denied it by Article 3 of the U.S. Constitution. The decision was the first by the Supreme Court to declare unconstitutional and void an act passed by Congress that the Court considered in violation of the Constitution. The decision established the doctrine of judicial review, which recognizes the authority of courts to declare statutes unconstitutional.
Why is the marbury Madison case important in the history of the supreme court?
Marbury v Madison established the principle of Judicial Review. That is the right of the federal courts to declare acts of Congress and states, laws, and certain actions of the executive branch, unconstitutional.
Why is William marbury significant?
William Marbury is significant in the annals of history because it was his commission that John Adams failed to deliver on time and James Madison refused to sign. This led to the Supreme Court case Marbury v. Madison, in which John Marshall first put forth the idea of judicial review.
What was the name of the supreme court case of marbury vs Madison?
marbury vs. Madison
What is the supreme courts powers to review all congressional acts and executive actions?
Judicial review, established in 1803 by John Marshall in the case Marbury vs. Madison
Is the supreme court's power to review all congressional acts and executive actions?
Judicial review, established in 1803 by John Marshall in the case Marbury vs. Madison
What was the decision of Madison v marbury?
it is the supreme court that has the final sayin whether or not an act of government-legislative or executive at the federal, state, or local level-violates the constitution.
