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Constitutional Law Keyed to Farber
Marbury v. Madison
Citation:Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)
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William Marbury was an end-of-term appointee of outgoing president ,John Adams for a justice of the peace position in the District of Columbia. He was one 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 in attempt to prevent more Adams appointees from assuming office. Marbury brought suit against President Thomas Jefferson’s (President Jefferson) Secretary of State, James Madison, seeking a write of mandamus for delivery of his commission.
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