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Monday, January 27, 2014

Marbury Vs. madison

Marbury Vs. Madison In 1800, President John Adams lost his declare oneself for re-election. Thomas Jefferson was voted in for the president. Adams, universe a Federalist, disagreed with the beliefs of Jefferson, a republican, and feared that he would shift the exponent in the government to the states. To prevent this, Adams created many a(prenominal) impertinently judicial posts and filled them with Federalists, (Dewey 109). He did this in preferably a rush, being he was going to be step forward of office soon. every last(predicate) the appointments were given to his secretarial assistant of articulate to be sealed and granted. secretary of State Marsh all told arrant(a)d all the documents except for the ones for the appointments for the district of Columbia,(Dewey 114). He assumed the next escritoire of State would complete them. When Jefferson found out about this, he was angry. Jefferson aimed the new Secretary of State, pile Madison, not to deliver the fina l appointments to the selected judges. angiotensin converting enzyme of the judges that didnt mystify his promised appointment was William Marbury. Marbury dogged to take transaction in chat up. Marburys argument was supported by Section thirteen of the Judiciary Act, (Dewey 116). This stated the flirts could force an official to perform an official duty. This is called a writ of Mandamus. Marbury took this claim to the arrogant Court. The Chief rightness Marshall of the Supreme Court was James Madison, Adams old Secretary of State. If he issued the writ, Marshall would ignore it and the court would be comprehend as powerless. If he didnt issue it, nation would think he was a traitor to his Federalist party, (Dewey 119). On February 24, 1803 a decision was rendered. It stated that Marbury was authorise to his appointment and that a court could issue a writ of Mandamus. He then went on to say that... If you want to get a full essay, order it on our website: OrderCustomPaper.com

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