Marbury v Madision

Marbury v Madision - Marbury v. Madison February 24, 1803...

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Marbury v. Madison February 24, 1803 I. Facts a. On the last night of his presidential term (March 3, 1801), John Adams signed the commission appointing William Marbury to a seat as a federal judge. On that same night, the commission was sealed by the then secretary of state John Marshall. The Commission, however was not delivered to Marshall before Adam’s term had ended. Upon taking office, President Jefferson ordered his newly appointed Secretary of State, James Madison, not to deliver the commission, thus, preventing Marshall from taking up his seat. Marbury's argument is that in the Judiciary Act of 1789, grants the Supreme Court original jurisdiction over petitions for writs of mandamus and that such a writ should be issued to Madison in order to force him to deliver the commission. The contrary position is that the expansion of powers effected by that particular act would violate the U.S. Constitution. b.
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This note was uploaded on 04/30/2010 for the course PLS 459 taught by Professor Lermack during the Fall '09 term at Bradley.

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Marbury v Madision - Marbury v. Madison February 24, 1803...

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