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Constitutional Law Keyed to Choper
Marbury v. Madison
Citation:
5 U.S. (1 Cranch) 137, 2 L.Ed. 60 (1803)
InstructorMatthew Steinberg
CaseCast™ – "What you need to know"
Facts
Before Jefferson’s presidential inauguration, outgoing President Adams took steps to secure Federalist control of the judiciary by creating new judgeships and filling them with Federalist appointees and appointing 42 new justices of the peace in the District of Columbia. The justice of the peace commissions were signed by Adams the night before Jefferson took office. As such, several justices of the peace commissions remained undelivered when Jefferson assumed the presidency the next day. Jefferson instructed Madison, the new Secretary of State, to withhold delivery. Marbury and several others sought a writ of mandamus in the Supreme Court to compel Madison to deliver the commissions.
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