Stuart v. Laird was decided in 1803 by the John Marshall-led U.S. Supreme Court, notably a week after the famous Marbury v. Madison. Portrait of Chief Justice John Marshall John Marshall (September 24, 1755–July 6, 1835), Chief Justice of the United States and principal founder of American constitutional law and the Supreme Court of the United States power of judicial review. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Holding Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. ...
The case regards a circuit judge's judgement, after the judge's job had been cut with the repeal of the Judiciary Act of 1801. Stuart's lawyer was Charles Lee, who also represented William Marbury. John Laird asked the Supreme Court to uphold the judge's ruling, while Stuart's team was arguing that (a) only judges who make a judgement can inforce it and (b) the 1802 repeal of 1801's Judiciary Act was unconstitutional. Stuart won on both accounts, and a dangerous show-down between the legislative and the judicial branches of the United States' government was averted. A Circuit judge is a position in British Law, in which a Judge moves to different Crown Courts within a certain area. ... ... A legislature is a governmental deliberative body with the power to adopt laws. ... The judiciary, also referred to as the judicature, consists of justices, judges and magistrates among other types of adjudicators. ...
References
http://www.michaelariens.com/ConLaw/cases/stuart.htm Written by a professor at St. Mary's University School of Law.
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