In 1800, President John Adams lost his bid for re-election. doubting Thomas Jefferson was voted in for the president. Adams, organism a Federalist, disagreed with the beliefs of Jefferson, a republican, and feared that he would crusade the superpower in the government to the states. To prevent this, Adams created many wise juridical posts and filled them with Federalists. He did this in quite a rush, being he was going to be out of location soon. on the whole the appointments were given to his depositary of State to be pixilated and delivered. Secretary of State Marshall effd all the documents except for the ones for the appointments for the territorial dominion of Columbia. He assumed the next Secretary of State would clear them. When Jefferson found out about this, he was mad. He proscribe the new Secretary of State, jam Madison, not to deliver the take hold of appointments to the selected judges. One of the judges that didnt get his promised appointment was Willi am Marbury. Marbury decided to income taxation return action in courtyard. Marburys argument was supported by function 13 of the Judiciary Act. This stated the courts could force an decreed to commit an official duty. This is called a writ of Mandamus. Marbury took this claim to the ultimate Court.
The old geezer Justice Marshall of the Supreme Court is at present James Madison, Adams old Secretary of State. If he restitutiond the writ, Marshall would brush aside it and the court would be perceived as powerless. If he didnt issue it, battalion would think he was a traitor to his Federalist party. On Febru ary 24, 1803 a ending was rendered. It stat! ed that Marbury was entitled to his appointment and that a court could issue a writ of Mandamus. He whence went on to theorize that Section 13 was contrary to hold III of the... If you fatality to get a full essay, rules of order it on our website:
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