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Extra Credit CASE - Judicial Review Marbury v. Madison, 5 U.S. 127 (1803)
Extra Credit - Judicial ReviewMarbury v. Madison, 5 U.S. 127 (1803)1. What was basic disagreement?2. Why did Marbury seek relief?3. Why is concept of judicial review central to our system of separation ofpowers and checks and balances?This is perhaps the most difficult case to understand (because of it waswritten almost 250 years ago and it describes arcane legal processes).Nevertheless, it is arguably the most important case in United States'history. Factually, Marbury was appointed to be a judge (then called aJustice of the Peace) in Washington DC by outgoing President Adams. Hisappointment was confirmed by the Senate. His commission (along with thecommissions of a few other judges) was properly signed and sealed, butnever delivered to him. Marbury sued the new Secretary of State, JamesMadison, to make him deliver the commission so he could become a judge. Thelegal device to effect this action was called a writ of mandamus. Thetricky part to the case is its procedure. Marbury filed his case directlyin the Supreme Court (not in a lower federal court) in accordance with thejudiciary act (a law passed by Congress). This law expanded the originaljurisdiction of the Supreme Court beyond what the Constitution defined itsoriginal jurisdiction to be. The importance of the case is it sets aprocess/precedent for what should happen when a law passed by a legislatureand the language of the constitution are at odds. Read the case and watchthe following program: http://landmarkcases.c-span.org/Case/1/Marbury-V-Links to an external site.Madison. It is about an hour and a half in length. Your paper should be 5-7pages in length and answer the three questions included in the originalassignment.