Marbury v. Madison | BRI's Homework Help Series

Marbury v Madison was the Supreme Court case that established judicial review. What is judicial review? Judicial review is the role of the Courts to interpret law in light of the Constitution.
This Marbury vs Madison summary video displays William Marbury as a judge appointed at the end of John Adams’ presidency but who never got his official commission papers. Once Thomas Jefferson became president, James Madison refused to deliver the commission papers. Marbury took his case to the Supreme Court and wanted a Writ of Mandamus, requiring Madison to deliver the papers. Ultimately, the court stated that Marbury was entitled to his papers, but it was unconstitutional for the courts to issue a Writ of Mandamus. Thus, judicial review was created, and the principle of checks and balances was strengthened through Marbury vs Madison.
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[@leo-hao]

Marbury: Make him give me the position. The Supreme Court: Yes. But no.

[@vidyanandbapat8032]

As a matter of fact, court did accept his right, but didn't prefer to overstep the boundaries of judicial powers and let legislative and executive branches perform their functions.

[@savverz4837]

THANK YOU SO MUCH FOR THIS SERIES!!!! I've been struggling so long to remember the differences of these different vs. and thanks to these, I think I've got it now:))

[@BillofRightsInstituteVideos]

Wonderful Lil! We are glad they are of help.

[@gstrummer]

Well done. Thank you.

[@slott64]

This is great, I'm going to use this in class.

[@BillofRightsInstituteVideos]

Thank you for the compliment Syd. We hope that all our resources enhance your classroom. For more resources and lesson plans please visit voicesofhistory.org

[@cripple9860]

APUSH gang where ya at

[@sebastiencabrera8887]

Nah, AP Gov gang

[@isaaclloyd6681]

Shut

[@darksoles1305]

why did you disable ratings?

[@Farseer1995]

Fantastic review... but I'm still quite lost. After Justice Marshall declared that the Judiciary Act of 1789 was unconstitutional, what gave him then the power to review and determine whether or not an act was unconstitutional? As it was stated, it's constitutional in the sense that it allows for a bigger control of the other branches, but, if I remember correctly, Jefferson, at the beginning of the case, was threatening to null any decision of the Court. So what changed the attitude of the new President after the outcome of the case? Why couldn't he just boycott the Supreme Court's decision?

[@Farseer1995]

Was it actually the fact that it was constitutional to check other branches that swayed Jefferson into compliance? As it was stated, this new power of the Supreme Court wasn't written into the constitution.

[@BillofRightsInstituteVideos]

Well Farseer1995, that is the interesting point. There isn't a legal document that actually gave him the right to do so.

[@AugustinLeBlanc]

@@Farseer1995 The Supreme Court basically gave themselves that 'right' with this decision. By saying the law was unconstitutional, they also indirectly said that they have the power to review these matters.

[@exposeevil5492]

@@AugustinLeBlanc No you the KING have the right to make the court decide(Writ of Mandamus). HERE THIS IS FROM 5 U.S. 137 LAWYER EDITION. SKIP EVERYTHING AND GO TO BLACKSTONES!!! Blackstone's Commentaries on the laws of England, vol. 3, p. 110. says that a writ of mandamus is "a command issuing in the King's name from the court of King's Bench, and directed to any person, corporation or inferior court, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the court has previously determined, or at least supposes, to be consonant to right and justice. It is a writ of most extensively remedial nature, and issues in all cases where the party has a right to have any thing done, and has no other specific means of compelling its performance."

[@exposeevil5492]

@@BillofRightsInstituteVideos This case cites Blackstones Commentaries. This is common law procedures!!! Forget everything you learned. You think you know what a Habeas corpus is? See Blackstones.

[@leightonlevy-scott3933]

your a legend

[@user-sj5tw2lg5u]

does anyone know what commission means in the context?

[@ny1t]

"to consider the judges as the ultimate arbiters of all constitutional questions: a very dangerous doctrine indee[d] and one which would place us under the despotism of an Oligarchy. our judges are as honest as other men, and not more so. they have, with others, the same passions for party, for power, and the privileges of their corps. " - Thomas Jefferson

[@gailg1458]

Re: Quuestion 2: The supreme court bases its decisions on what it wishes the constitution said. It arrives at a conclusion then drafts a decision that a majority of the court accepts whether it makes sense or not. In the Slaughterhouse cases, and many others, the court openly admits to following British common law as the basis for unpopular decisions. It does that routinely.

[@jessicaharvey579]

okay great video but what is the song behind it. i really wanna know. pls

[@BillofRightsInstituteVideos]

I don't think it has a title. It's a piece of stock music that the filmmaker selected to play under the narration.

[@jessicaharvey579]

@@BillofRightsInstituteVideos oof darn it was really interesting thank you though

[@meepcreeps5239]

someone tell me the name of the song

[@williamweese2267]

why does his voice have autotune tho

[@DiegoSanchez-sm2cx]

cool

[@mollyhanrahan7246]

hola

[@alejandrojosue5665]

m o l l y h a n r a h a n hola

[@zephyrty7214]

i copied down this video word for word and gave it as my presentation... Thank you so much

[@willwalker24601]

Um... *_plagiarism_*