PSC 324 Lecture Notes - Lecture 5: Thurgood Marshall, Spencer Roane, William Marbury
11 Sep 2018
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Judicial power in the early republic: marbury v. madison (1803) Marbury filed a mandamus (ordering a performance of a function) to the secretary of state to deliver a commission that states that he holds the office position for justice of the people for d. c. William marbury was lawfully appointed, but we rule against and we decline the delivery. Judiciary act, section 13 says its unconstitutional (the law) Chief justice marshall will not enforce that law. Judiciary act of 1789 first congress. Precedents for judicial review: before the constitution (1786) James iredell, revolutionary leader in north carolina, then appointed to court. Conflicting laws that are in conflict with each other. Judicial review is unavoidable (if the constitution is fundamental law and if there is ordinary law, that"s also relevant) His argument: has to disregard the contradictory ordinary law. Byer vs. singleton; north carolina strikes down law.
