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Marbury v. Madison

(1803)

Supreme Court of the United States - 1 Cranch 137, 5 U.S. 137, 2 L. Ed. 60, 1803 U.S. LEXIS 352, SCDB 1803-005

tl;dr:

Affirms power of judicial review.

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Facts & HoldingMarbury v. Madison case brief facts & holding

Facts:President Adams made last minute judicial appointment of Marbury to...

Holding:When a commission has been signed by the President &...

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This passage delves into the case of William Marbury, who is attempting to obtain a mandamus to force the secretary of state to hand over his commission as a justice of the peace. The court establishes that the President's signature on the commission is essential for a legal appointment, and once signed and sealed, the appointment cannot be rescinded unless the officer is removable. The focus of this passage is on the importance of government officials obeying the law and the possibility of holding high-ranking officials responsible for unlawful actions that cause harm to individuals.

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