Supreme Court Decisions - Zach Finney Essay #2 April 16,...

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Zach Finney Essay #2 April 16, 2008 Dr. Kwon Supreme Court Decisions Origin of Judicial Review: Marbury v. Madison In 1803, one of the most historical court cases in United States’ history, Marbury vs. Madison, occurred. The president at the time was the States’ third ever, Thomas Jefferson. The case focused on actions that had taken places two years earlier just before president John Adams was replaced by Jefferson. Days before Adams left office he appointed numerous judicial positions that had opened up because of the Judiciary Act of 1801. One of the many he selected to fill positions was William Marbury. The spot Marbury was hired for was the Justice of Peace. At the time, the Secretary of State was John Marshall. His job was to give commissions to the newly hired employees. Marbury never received his because when Jefferson entered office, he ordered new Secretary of State, James Madison, to stop sending them out. Marbury then filed a petition directly with the Supreme Court claiming that the Judiciary Act of 1789 over powers the writs of mandamus. The court would eventually vote 4-0 in favor of Marbury, but said that it could not force Madison to distribute the commission. Chief Justice John Marshall later ruled that acts of Congress would not be taken over the
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Supreme Court Decisions - Zach Finney Essay #2 April 16,...

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