Case Of Marbury Vs Madison Year: 1803

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Case: Marbury v. Madison Year: 1803 Issue: Does Marbury have a right to the commission? Can the Supreme Court review acts of Congress and decide if they are unconstitutional? Can the Supreme Court have the right to issue writs of mandamus? Background: During the election of 1880, Thomas Jefferson – a member of the Democratic-Republican Party – defeated the Federalist, John Adams. Adams, already in a term of presidency, appointed 16 Federalist circuit judges and 42 justices of the peace to offices created by the Judiciary Act of 1801. The commissions were approved by the Senate and signed by the president, but they were not delivered in time; Adams was no longer in office by the time they were delivered. President Jefferson ordered that the commissions be not…show more content…
They wanted to curb concentrations of economic power that significantly reduced competition between businesses. Its provisions outlawed all trade combinations that restricted trade between states or with foreign powers and outlawed any attempts to monopolize trade within the United States. The American Sugar Refining Company gained control of the E.C. Knight Company and several others which resulted in a monopoly of the sugar refining industry. President Grover Cleveland directed the national government to sue the Knight Company under the provisions of the Sherman Anti-Trust Act. Decision/Constitutional Basis: The Act was deemed constitutional, but it did not apply to manufacturing. There were 8 votes for E.C. Knight Co., and 1 vote against. Justice John Marshall Harlan argues that if Congress has the ability to regulate interstate commerce, it must have the ability to remove restraints on interstate commerce. The Court found no violation in the Sherman Act, even though American Sugar had monopolized
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