马伯里诉麦迪逊案(中英双文版).ppt

Marbury v. Madison The case The Facts The Facts The Facts The Facts The Facts The issues The summary * At the December Term, 1801, William Marbury, Dennis Ramsay, Robert Townsend Hooe, and William Harper, by their counsel, severally moved the court for a rule to James Madison, Secretary of State of the United States, to show cause why a mandamus should not issue commanding him to cause to be delivered to them respectively their several commissions as justices of the peace in the District of Columbia. 1801年12月，威廉·马伯里、丹尼·拉姆塞、罗伯特·汤森和威廉·哈伯分别通过律师对美国国务卿詹姆斯·麦迪逊提起诉讼，要求最高法院裁决麦迪逊就他拒不发放马伯里等人就认哥伦比亚地区地方执法官的委任状一事说明理由。 This motion was supported by affidavits of the following facts: that notice of this motion had been given to Mr. Madison; that Mr. Adams, the late President of the United States, nominated the applicants to the Senate for their advice and consent to be appointed justices of the peace of the District of Columbia; that the Senate advised and consented to the appointments; 此项请求的依据如下：发放委任状的通知已经送达到了麦迪逊手上；美国前总统亚当斯向参议院提名马伯里等人就认哥伦比亚地区的地方执法官，参议院讨论并通过了这项任命。 that commissions in due form were signed by the said President appointing them justices, and that the seal of the United States was in due form affixed to the said commissions by the Secretary of State; that the applicants have requested Mr. Madison to deliver them their said commissions, who has not complied with that request; that the applicants have made application to Mr. Madison as Secretary of State of the United States at his office, for information whether the commissions were signed and sealed as aforesaid; 亚当斯总统正式签署了委任他们为地方执法官的委任状并由国务卿正式地在委任状上加盖了美国国印。马伯里等人要求没有按规定发放委任状的麦迪逊国务卿送出他们所述的委任状。马伯里等人已经向国务卿办公室申请了说明委任状是否被登记并签章的信息。 that explicit and satisfactory information has not been given in answer to that inquiry, either by the Secretary of State or any officer in the Department of State; that application has been made to the secretary of the Senate for a certificate of the nomination of the applicants, and of the adv