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Unformatted text preview: Marbury vs. Madison quotes “Mr. Adams, the late president of the United States, nominated the applicants to the senate for their advice and consent to be appointed justices of the peace of the District of Columbia; that the senate advised and consented to the appointments; that commissions in the due form were signed by the said president appointing them justices and the seal of the United States was in due form affixed to the said commissions by the secretary of state that the applicants have requested Mr. Madison to deliver them their said commissions, who has complied with that request” 1 “1 st , The nomination. This is the sole act of the President, and is completely voluntary. 2d. The appointment. This is also the act of the President, and is also a voluntary act, though it can only be performed by and with the advice and consent of the senate 3d. The commission. To grant a commission to a person appointed, might perhaps be deemed a duty enjoined by the constitution” – internal 155-156 “”The last act to be done by the President is the signature of the commission. He has then acted on the advice and consent of the senate to his own nomination. This time for deliberations has then passed. He has decided the officer is appointed. This appointment is evidenced by an open, unequivocal act; and being the last act required from the person making it, necessarily excludes the idea of its being, so far as respects the appointment, an inchoate and incomplete transaction.” – internal 157 “It is never to be affixed till the till the commission is signed, because the signature, which gives force and effect to the commission, is conclusive evidence that the appointment is made” – internal 157 “To withhold his commission, therefore, is an act deemed by the court not warranted by law, but violative of a stated (?) legal right.” – internal 162 “The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right. certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right....
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This note was uploaded on 04/07/2008 for the course PSCI 102 taught by Professor Dry during the Spring '07 term at Middlebury.
- Spring '07