January 19, 2014
LEG 420
Case Study 1
MARBURY VS MADISON
The case I briefed was the Marbury vs Madison case. The issue prosecuted was does Marbury have a right to the commission? Does the law grant Marbury a remedy? Does the Supreme Court have the authority to review acts of congress and determine whether they are unconstitutional and therefore void? Can congress expand the scope of the supreme courts original jurisdiction beyond what is specified in article III of the constitution, and lastly does the Supreme Court have original jurisdiction to issue units of mandamus. . The law stated that Marbury does have the right to the commission and it became effective when it was signed by President Adams. It was also stated that the law against Marbury a remedy because one of the duties provided by the government is to provide affordable protection. The Supreme Court also has the authority to review acts of congress and up to them to determine whether they are unconstitutional and therefore void. The congress also cannot expand the slope of the supreme courts. Original jurisdiction beyond what is specified in article III of the constitution. . Lastly the Supreme Court does not have original jurisdiction to issue units of …show more content…
. Judicial review is usually associated with the U.S Supreme Court and is processed by most state and federal courts of law in the United States. Judicial review also determines whether or not state statues and state executive acts are valid. Judicial review came to part in 1803 where the Marbury VS Madison case was going on it was the first time they ruled the congress unconstitutional. The exercise of judicial review is about the important rules of judicial self-restraint which also allows the burden of proof to be