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review of constitutionality of something
Marbury v. Madison (1803) background
Marbury files for writ of mandamus b/c Madison does not send notice of his Jus of the Peace position.
Marbury vs. Madison (1803) Questions/Answers
Is there a right to the commission? (yes)If yes, is there a legal remedy? (yes)Can the Supreme Court provide the remedy (no)
Marbury vs. Madison (1803) majority opinion
1. Yes, the writ of mandamus was constitutional.2. It would be absurd if there was no remedy. Writ of mandamus is constitutional, even kind of England would agree.3. Judiciary Act of 1789 did not have constitutional right to change court's jurisdiction - only can be done by an amendment (specific in Art 3). Court has judicial review power b/c having a supreme court would be absurd if they can't judge laws unconstitutional. court takes loyalty oath to constitution.
Martin v. Hunter's Lessee (1816) background
Fairfax dies, Martin can inherit land if he changes name to Fairfax. Fairfax died during Rev War and Virginia said they owned the land and start to sell it. Both sides sell land. Section 25 says Supreme Court can review state court's decision. Virginia Supreme Court rejects this b/c congress should not be able to change jurisdiction.
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