LAWS 2501 : Unionist Party.docx
Document Summary
In the case marbury v. madison, john marshall the chief justice of the united states and former. Secretary of state under president john adams, gave the reason that; It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. We agree with the reasons and decisions that john marshall"s gave in this decision (marbury v. But, more importantly, in marshall"s opinion, congress could not give the supreme court the power to issue an order granting marbury his commission. Only the constitution could, and the document said nothing about the supreme court having the power to issue such an order. Supreme court could not force anyone to give marbury, because it did not have the power to do so.
