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Constitutional Law Keyed to Barnett
Marbury v. Madison
Citation:
5 U.S. (1 Cranch) 137 (1803)Facts
President John Adams was the second president of the United States. During his presidency, Congress passed the Judiciary Act of 1801. The Judiciary Act created a number of new judicial positions, and allowed the outgoing President John Adams to nominate judges to fill those positions. One of the judges that Adams appointed, named William Marbury, never received the commission that would authorize him as a judge. Thomas Jefferson was elected president in 1800. After President Jefferson was sworn in, Jefferson ordered his new Secretary of State, James Madison, not to deliver any commissions that had been left behind by the Adams administration. Under Section 13 of the Judiciary Act 1789, Marbury brought action in the Supreme Court against Madison (Jefferson’s Secretary of State), seeking a writ of mandamus to compel Madison to deliver the commission and finalize his appointment as a judge.
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