马伯里诉麦迪逊案PPT英语演讲用.ppt

Marbury v. Madison The case of The Brief Introduction The persons in the case The Background The Progress While a majority of the commissions were delivered, it proved impossible for all of them to be delivered before Adamss term as president expired. On March 4, 1801, Thomas Jefferson was sworn in as President. As soon as he was able, he ordered James Madison ,Secretary of the United States, not to deliver the remaining appointments. Without the commissions, the appointees were unable to assume the offices and duties to which they had been appointed. So, the undelivered commissions were void(无效的). The issue Does Article III of the Constitution create a floor for original jurisdiction, which Congress can add to, or does it create an exhaustive list that Congress cant modify at all? 申诉人是否有权取得他所要求的委任状？ If Article IIIs original jurisdiction is an exhaustive list, but Congress tries to modify it anyway, who wins that conflict, Congress or the Constitution? 如果他有权，而这种权利已受到侵犯，他的国家的法律是否向他提供补救办法？ And, more importantly, who is supposed to decide who wins? 如果法律确实向他提供补救办法，是否即为本院发出的执行令？ The Results In denying his request, the Court held that it lacked jurisdiction because Section 13 of the Judiciary Act passed by Congress in 1789, which authorized the Court to issue such a writ, was unconstitutional and thus invalid.“ 马伯里在最高法院起诉是参考了如上所述的1789年《司法法》第13条，于是马歇尔斩钉截铁地指出，《司法法》这一条与宪法冲突，非法扩大了最高法院的权限。 Marbury never became a Justice of the Peace in the District of Columbia. Throughout its history, the Supreme Court’s unique role has been to state the law and to define the powers of the government. John Marshall ‘s opinion in Marbury v. Madison set three principles that formed the basis of American constitutional law. 在最高法院历史上，它的独特职能始终是表述法律和界定政府的权力。首席大法官约翰?马歇尔（John Marshall）为马伯里诉麦迪逊案（Marbury v. Madison）所写的意见书提出了构成美国宪法基础的三项原则。 Three Principles First, the Constitution stood above ordinary laws, including those passed by Congress and signed by the President. Second, the Supreme Court