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Madisons refusal to deliver is illegal and Marbury's jump straight to the Supreme Court is unconstitutional
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because
score: 1
The commission was signed by the President and sealed by the secretary of state, Marbury was appointed
sources:
Marshalls Opinion
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however
score: 1
To withhold commission is to violate a vested legal law
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because
score: 1
Every citizen has a right to claim protection of law if is injured
sources:
Marshalls Opinion
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because
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The acts of the executive branch are conclusive and should be held as so
sources:
Courts Understanding
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but
score: 1
Whether or not a right has been vested lies with the Judicial Court
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however
score: 1
Having a signed commission and the refusal to deliver is a clear violation of Marbury's right to have the commission, He then deserves a remedy
sources:
Majority Opinion
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because
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the whole judicial power is within the Supreme Court and is given original jurisdiction
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but
score: 1
If a law and the Constitution can be both present in a case and are at odds then the Constitution must be then held at a higher esteem
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however
score: 2
The Judicial power of the US extends to all cases arising under the Constitution
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because
score: 1
Then the law must be discharged and it is unconstitutional to jump straight to the Supreme Court
sources:
Majority Opinion
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minskij
minskij
