whats Marbury v. Madison can u explain it to me in the simplest way as possible?
http://www.history.com/topics/marbury-v-madison
First decision by the Supreme Court to declare a law unconstitutional.
At the very end of his term, President John Adams had made many federal appointments, including William Marbury as justice of the peace in the District of Columbia.
Thomas Jefferson, the new president, refused to recognize the appointment of Marbury.
The normal practice of making such appointments was to deliver a "commission," or notice, of appointment. This was normally done by the Secretary of State. Jefferson's Secretary of State at the time was James Madison.
At the direction of Jefferson, Madison refused to deliver Marbury's commission. Marbury sued Madison, and the Supreme Court took the case.
Chief Justice John Marshall wrote that the Judiciary Act of 1789, which spelled out the practice of delivering such commissions for judges and justices of the peace, was unconstitutional because it the gave the Supreme Court authority that was denied it by Article III of the Constitution. Thus, the Supreme Court said, the Judiciary Act of 1789 was illegal and not to be followed.
This was the first time the Supreme Court struck down a law because it was unconstitutional. It was the beginning of the practice of "judicial review."
can u explain this to me in a better way
That's about as simple as I could make it. Look up any unfamiliar words in a dictionary.
Certainly! Marbury v. Madison is a landmark Supreme Court case decided in 1803. In the simplest terms, it established the power of judicial review for the Supreme Court.
To explain it further, let's break it down:
1. Background: In 1800, the U.S. presidential elections took place, and Thomas Jefferson became the new president. However, before leaving office, outgoing President John Adams appointed several individuals, known as "midnight judges," to serve as federal justices.
2. The Issue: William Marbury was one of the midnight judges appointed but had not received his official documents (commission) by the time Jefferson took office. The new Secretary of State, James Madison, refused to deliver the commission to Marbury.
3. Lawsuit: Marbury filed a lawsuit asking the Supreme Court to issue a writ of mandamus, which is a court order that would force Madison to deliver his commission.
4. The Court's Decision: Chief Justice John Marshall, in writing the Court's opinion, faced a dilemma: If he ruled in favor of Marbury, it could potentially provoke President Jefferson, who opposed the Federalist judges. On the other hand, if the Court ruled in favor of Madison, it could undermine the Court's authority. Marshall used this case as an opportunity to establish the principle of judicial review.
5. Judicial Review: The Court held that although Marbury was entitled to his commission, the Judiciary Act of 1789, which gave the Supreme Court the authority to issue writs of mandamus, was unconstitutional. Marshall reasoned that the Constitution is the supreme law of the land and any law inconsistent with it is void. Therefore, the Court asserted its power to declare acts of Congress unconstitutional, thereby establishing the principle of judicial review.
In summary, Marbury v. Madison is significant because it established the power of the Supreme Court to interpret and invalidate laws that are found to be unconstitutional. It solidified the Court's role as a check on the legislative and executive branches, shaping the balance of power in the U.S. government.