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Essay

Marbury Brief

Essay specific features

 

Issue:

Business

 

Written by:

Kelly S

 

Date added:

August 9, 2014

 

Level:

University

 

Grade:

B

 

No of pages / words:

2 / 350

 

Was viewed:

2274 times

 

Rating of current essay:

 
Essay content:

Under the authority of the Judiciary Act of 1789, Marbury petitioned the Supreme Court asking the Court to issue a writ of mandamus forcing Madison to issue the commission documents to Marbury and the other appointed Justices of the Peace. Issues: The issues before the court were 1) Do Marbury and the other petitioners have a right to the commission that they are petitioning for? 2) If he has a right, do the laws of the US afford him a remedy to his request? 3)If they do afford him a remedy, is it a writ of mandamus from the Supreme Court? Decision: 1)Yes 2)Yes 3)No Reason: 1)Because Marbury and the other petitioners' commission were signed by President and sealed by the Secretary of State, they do have a legal right to the commission...
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The US Constitution provides the Supreme Court with the right to regulate appellate jurisdiction, but not original jurisdiction. The Court's powers of original jurisdiction is expressly defined in Article III of the constitution, thus it cannot be added to or taken away from. The part of the Judiciary Act of 1789 that created the mandamus power for the court is thus an unjust law, as it added to a power that was expressly created in the US Constitution...
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