Constitutional Law Keyed to Chemerinsky
Marbury v. Madison
InstructorMatthew Steinberg
CaseCast™ – "What you need to know"
Facts
Before the inauguration of President Jefferson, outgoing President Adams attempted to secure Federalist control of the judiciary by creating new judgeships and filling them with Federalist appointees. Included in these efforts was the nomination by President Adams, under the Organic Act of the District of Columbia (the District), of 42 new justices of the peace for the District, which were confirmed by the Senate the day before President Jefferson’s inauguration. A few of the commissions, including Marbury’s, were undelivered when President Jefferson took office. The new president instructed Secretary of State James Madison to withhold delivery of the commissions. Marbury sought mandamus in the Supreme Court, requiring James Madison to deliver his commission.
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