Issue Marbury v. Madison



inscription on wall of supreme court building marbury v. madison, in chief justice john marshall outlined concept of judicial review.


there 3 ways case can heard in supreme court: (1) filing directly in supreme court; (2) filing in lower federal court, such district court, , appealing way supreme court; (3) filing in state court, appealing way through state s highest courts, , appealing supreme court on issue of federal law. first exercise of court s original jurisdiction; second , third exercises of supreme court s appellate jurisdiction.


because marbury filed petition writ of mandamus directly in supreme court, court needed able exercise original jurisdiction on case in order have power hear it.


marbury s argument in judiciary act of 1789, congress granted supreme court original jurisdiction on petitions writs of mandamus. raises several issues supreme court had address:



does article iii of constitution create floor original jurisdiction, congress can add to, or create exhaustive list congress can t modify @ all?
if article iii s original jurisdiction exhaustive list, congress tries modify anyway, wins conflict, congress or constitution?
and, more importantly, supposed decide wins?

in answer last question, supreme court formalizes notion of judicial review. in short, constitutional issue on marbury v. madison decided whether congress expand original jurisdiction of supreme court.








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