POL203Y5 Chapter Notes - Chapter all: Antonin Scalia, Government Incentives For Plug-In Electric Vehicles, Judicial Restraint
Document Summary
Unanimous decision: john marshall declared that madison should have delivered the commission to marbury; however, he ruled that the court lacked the power to issue writs of mandamus. While a section of the judiciary act of 1789 granted the court the power to issue writs of mandamus, the court ruled that this exceeded the authority allotted the court under. Article iii of the constitution and was therefore null and void. So, while the case limited the court"s power in one sense, it greatly enhanced it in another by ultimately establishing the court"s power to declare acts of congress unconstitutional. Just as important, it emphasized that the constitution is the supreme law of the land and that the supreme court is the arbiter and final authority of the constitution. As a result of this court ruling, the supreme court became an equal partner in the government.
