US Supreme Court Case: Marbury V. Madison 1803

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Roy Gershonov Marbury vs. Madison 1803 The Marbury vs. Madison case took place in 1803 and was decided by the U.S. Supreme Court. It began when William Marbury had been commissioned justice of the peace in the District of Columbia by President John Adams during the “Midnight Appointments” at the very end of his administration. When Thomas Jefferson took over office Marbury was not granted his commission because James Madison (Jeffersons’s secretary of state) refused to deliver the documents. At that time the Secretary of State was in charge with certain domestic duties as well as with conducting foreign affairs. This resulted in the Marbury taking Madison to court. After both arguments were given Chief Justice John Marshall came to a decision. Although Marbury was entitled to the commission and the jury ruled in favor of Marbury the court overruled the jury’s decision. The jurys ruling denied the courts original jurisdiction according to Article III of the US constitution. The decision was the first by the Supreme Court to declare the Judiciary Act of 1789…show more content…
United States, case decided in 1919 by the U.S. Supreme Court. During World War I, Charles T. Schenck produced a pamphlet maintaining that the military draft was illegal, and was convicted under the Espionage Act of attempting to cause insubordination in the military and to obstruct recruiting. In his opinion for the Supreme Court, Justice Oliver Wendell Holmes rejected the argument that the pamphlet was protected by the First Amendment to the U.S. Constitution. He argued that speech may be suppressed if it creates a clear and present danger that it will produce a “substantive evil” which can be legally prevented. Subsequent decisions would limit the clear and present danger test to violent actions, and not the mere advocacy of ideas. Indeed, Holmes himself agreed that the 1919 decision had been abused by the federal government in cases where political dissidents were

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