Marbury v. Madison – Case Brief (IRAC Format)
⚖️ Case Brief: Marbury v. Madison (1803) Court: Supreme Court of the United States Date: February 24, 1803 Citation: 5 U.S. (1 Cranch) 137 (1803) Chief Justice: John Marshall Decision: Unanimous (4–0) ❓ Issue 🧩 Whether or not the plaintiff, William Marbury, has a right to the writ of mandamus he has demanded and whether or not it be in the power of a court of law to issue such a writ? —Further, whether or no the act to Congress, passed on 24th of Feb., 1789, entitled "An act to establish the judicial courts of the United States," gives the Supreme Court of the United States "original jurisdiction" to issue such writ? 📘 Rule 📜 The Constitution is above all laws. Any law made by Congress—if it does not agree with the Constitution—will not apply. In such cases, the judiciary must see whether or not an act is constitutional and can stand. → Established Judicial Review. 📝 Facts ⏳ John Adams made many Midnight Judges in his last days under the Judiciary Act of 1801, a...