Marbury V. Madison
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Marbury V. Madison
''Marbury v. Madison'', 5 U.S. (1 Cranch) 137 (1803), was a List of landmark court decisions in the United States, landmark Supreme Court of the United States, U.S. Supreme Court case that established the principle of Judicial review in the United States, judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that they find to violate the Constitution of the United States. Decided in 1803, ''Marbury'' is regarded as the single most important decision in American constitutional law. The Court's landmark decision established that the U.S. Constitution is actual law, not just a statement of political principles and ideals, and helped define the boundary between the Separation of powers, constitutionally separate Executive (government), executive and Judiciary, judicial branches of the Federal government of the United States, federal government. The case originated in early 1801 as part of the political and ideological riva ...
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Article One Of The United States Constitution
Article One of the United States Constitution establishes the legislative branch of the Federal government of the United States, federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the United States House of Representatives, House of Representatives and the United States Senate, Senate. Article One grants Congress various Enumerated powers (United States), enumerated powers and the ability to pass laws "Necessary and Proper Clause, necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the U.S. state, states from abusing their powers. Article One Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the Vesting Clauses of Article Two and Article Three, the Vesting Clause of Article One estab ...
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Justice Of The Peace
A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are (or were) usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs. History In 1195, Richard I ("the Lionheart") of England and his Minister Hubert Walter commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King in ensuring that the law was upheld and preserving the " King's peace". Therefore, they were known as "keepers of th ...
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United States Electoral College
The United States Electoral College is the group of presidential electors required by the Constitution to form every four years for the sole purpose of appointing the president and vice president. Each state and the District of Columbia appoints electors pursuant to the methods described by its legislature, equal in number to its congressional delegation (representatives and senators). Federal office holders, including senators and representatives, cannot be electors. Of the current 538 electors, an absolute majority of 270 or more ''electoral votes'' is required to elect the president and vice president. If no candidate achieves an absolute majority there, a contingent election is held by the United States House of Representatives to elect the president, and by the United States Senate to elect the vice president. The states and the District of Columbia hold a statewide or districtwide popular vote on Election Day in November to choose electors based upon how they have pled ...
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Kingdom Of Great Britain
The Kingdom of Great Britain (officially Great Britain) was a Sovereign state, sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, which united the kingdoms of Kingdom of England, England (which included Wales) and Kingdom of Scotland, Scotland to form a single kingdom encompassing the whole island of Great Britain and its outlying islands, with the exception of the Isle of Man and the Channel Islands. The unitary state was governed by a single Parliament of Great Britain, parliament at the Palace of Westminster, but distinct legal systems – English law and Scots law – remained in use. The formerly separate kingdoms had been in personal union since the 1603 "Union of the Crowns" when James VI of Scotland became King of England and King of Ireland. Since James's reign, who had been the first to refer to himself as "king of Great Britain", a political un ...
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Alien And Sedition Acts
The Alien and Sedition Acts were a set of four laws enacted in 1798 that applied restrictions to immigration and speech in the United States. The Naturalization Act increased the requirements to seek citizenship, the Alien Friends Act allowed the president to imprison and deport non-citizens, the Alien Enemies Act gave the president additional powers to detain non-citizens during times of war, and the Sedition Act criminalized false and malicious statements about the federal government. The Alien Friends Act and the Sedition Act expired after a set number of years, and the Naturalization Act was repealed in 1802. The Alien Enemies Act is still in effect. The Alien and Sedition Acts were controversial. They were supported by the Federalist Party, and supporters argued that the bills strengthened national security during the Quasi-War, an undeclared naval war with France from 1798 to 1800. The acts were denounced by Democratic-Republicans as suppression of voters and violation of ...
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Alexander Hamilton
Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Father who served as the first United States secretary of the treasury from 1789 to 1795. Born out of wedlock in Charlestown, Nevis, Hamilton was orphaned as a child and taken in by a prosperous merchant. He pursued his education in New York before serving as an artillery officer in the American Revolutionary War. Hamilton saw action in the New York and New Jersey campaign, served for years as an aide to General George Washington, and helped secure American victory at the Siege of Yorktown. After the war, Hamilton served as a delegate from New York to the Congress of the Confederation. He resigned to practice law and founded the Bank of New York. In 1786, Hamilton led the Annapolis Convention to replace the Articles of Confederation with the Constitution of the United States, which he helped ratify by writing 51 of the 85 installments of ''The Federalist ...
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Aaron Burr
Aaron Burr Jr. (February 6, 1756 – September 14, 1836) was an American politician and lawyer who served as the third vice president of the United States from 1801 to 1805. Burr's legacy is defined by his famous personal conflict with Alexander Hamilton that culminated in Burr–Hamilton duel, Burr killing Hamilton in a duel in 1804, while Burr was vice president. Burr was born to a prominent family in New Jersey. After studying theology at Princeton, he began his career as a lawyer before joining the Continental Army as an officer in the American Revolutionary War in 1775. After leaving military service in 1779, Burr practiced law in New York City, where he became a leading politician and helped form the new Jeffersonian democracy, Jeffersonian Democratic-Republican Party. As a New York Assemblyman in 1785, Burr supported a bill to end slavery, despite having owned slaves himself. At age 26, Burr married Theodosia Bartow Prevost, who died in 1794 after twelve years of marria ...
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Mandamus
(; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to take a specific action on applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications. Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrie ...
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William Marbury
William Marbury (November 7, 1762 – March 13, 1835) was a highly successful American businessman and one of the "Midnight Judges" appointed by United States President John Adams the day before he left office. He was the plaintiff in the landmark 1803 Supreme Court case ''Marbury v. Madison''. Background Marbury, son of William and Martha (Marlowe) Marbury, was born November 7, 1762 in Piscataway, Maryland. He spent most of his early life in Maryland around his home. Career Marbury became a Georgetown businessman and member of the Federalist Party. In an effort to prevent the incoming party from dismantling his Federalist Party-dominated government, Adams issued 42 judicial appointments, including Marbury's as Justice of the Peace in the District of Columbia, on March 3, 1801, the day before he turned his government over to incoming President Thomas Jefferson. Marbury had actively campaigned for Adams (and against Jefferson) in the presidential election of 1800. Jefferson refu ...
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James Madison
James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the Bill of Rights. Madison was born into a prominent slave-owning planter family in Virginia. He served as a member of the Virginia House of Delegates and the Continental Congress during and after the American Revolutionary War. Unsatisfied with the weak national government established by the Articles of Confederation, he helped organize the Constitutional Convention, which produced a new constitution. Madison's Virginia Plan was the basis for the Convention's deliberations, and he was an influential voice at the convention. He became one of the leaders in the movement to ratify the Constitution, and joined Alexander Hamilton and John Jay in writing '' ...
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John Marshall
John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longest serving justice in the history of the U.S. Supreme Court, and is widely regarded as one of the most influential justices ever to serve. Prior to joining the Court, Marshall served as the fourth U.S. Secretary of State under President John Adams. Marshall was born in Germantown in the Colony of Virginia in 1755. After the outbreak of the American Revolutionary War, he joined the Continental Army, serving in numerous battles. During the later stages of the war, he was admitted to the state bar and won election to the Virginia House of Delegates. Marshall favored the ratification of the U.S. Constitution, and he played a major role in Virginia's ratification of that document. At the request of President Adams, Marshall traveled to France i ...
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