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Marbury v. Madison 1803

Marbury v. Madison 1803. Midnight Judges 1801 . John Adams Appointed Federalists to fill vacancies in the Judicial Branch on his last day in office However, time ran out and some did not receive the documentation appointing them. Jefferson Administration. James Madison

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Marbury v. Madison 1803

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  1. Marbury v. Madison 1803

  2. Midnight Judges 1801 • John Adams • Appointed Federalists to fill vacancies in the Judicial Branch on his last day in office • However, time ran out and some did not receive the documentation appointing them

  3. Jefferson Administration • James Madison • Secretary of State under Jefferson • Was ordered by Jefferson not to deliver the commission (appointment)

  4. William Marbury • Never Received his commission • Asks Supreme Court for a writ of mandamus ordering Madison to deliver the commission

  5. Judiciary Act of 1789 • Law that gave the Supreme Court the power to issue a Writ of Mandamus • Writ of Mandamus • A court order for a government official to perform a certain action • Individuals can petition Supreme Court for this writ

  6. Issues • Was there legal harm suffered by Marbury? • Is there a legal remedy? Basically, can Marbury sue Madison? • Can the Supreme Court do anything about it?

  7. Chief Justice John Marshall • Federalist • Former Secretary of State • Wants Marbury to get his commission • But also wants to protect power/prestige of the Supreme Court

  8. Original Jurisdiction • Two ways to get to the Supreme Court: • Appellate Jurisdiction • Original Jurisdiction • Original Jurisdiction • Cases that go directly to the supreme court • Constitution lists these types of cases

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