er the supreme ct. should issue the writ.
-Marbury presents statutory authority that he is in the right ct. The Judiciary Act of 1789. Congress created the act. p4d.
Whether Congress has the power to give this jurisdiction to the Ct?
-Marshall cites the Const. Art. III. Sup. ct has original and appellate jurisdiction §2 (2).
-Madison is not a public minister nor a diplomat. Sup. ct does not have original jurisdiction.
The statute and the Const. conflict. Congress v. Const.
-Const. superior to any law made by Congress.
-Const. is to be the supreme law, not a federal statute.
Supremacy Clause- Article 6 sub. 2 p.1447
-Sup. Ct. declared the act (Judiciary Act) of congress unconstitutional. Judicial Review- the power to declare acts of Congress unconstitutional.
-Marshall should have interpreted the statute to avoid constitutional conflict. p4 d. The Judiciary Act.
-Gives the sup. ct. authority to issue writs of mandamus only in regard to appellate jurisdiction.
-There is nothing wrong with the statute. Marbury should have gone to the lower ct. and then appealed if it ruled against him. It was necessary to hold the statute unconstitutional.
-Marshall said Sup. ct. can issue writs of mandamus on original jurisdiction.
-Oath to uphold the Constitution by the three branches. The Act is constitutional. The branches are co-equal, have as much power as judiciary.
-The other branches silently agreed w/ the sup. ct. about the unconstitutionality of the act.
No general agreement or majority rules.
Anti-majoritarian rule- the weight of 5 judges v. everyone else.
Exception in history where what the fed. ct. said wasn't followed: the Cherokee Indian Cases
-land was given to the Indians by Federal Treaty. State of Georgia violated treaty. Pres. had the power to enforce the court order but didn't.
-Sup. ct. cannot enforce its own laws, no purse (Congress), and no sword (president).
-Sup. ...