Marbury vs. Madison
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- It all started in February of 1803
- Now that I'm no longer going to be in office, I'm going to add more people to the government and not give them their commissions and just make Jefferson and his party deal with it. That should make him mad.
- Just because I'm now the Secretary of State doesn't mean I should have to deliver the commissions for Adams. That's what he wanted, not us. I'm not doing it.
- Can he even do that?
- I was appointed to be a new Justice of Peace but I won't be valid until I get my commission. It isn't right for Madison to decide he just doesn't want to deliver them so none of us will ever become valid. This was an order put in by Adams before he left office so it should be carried through to the next successor, not discarded.
- Why should I have to deliver these commissions? Adams was the one who wanted these guys, not Jefferson, and he's the one in charge now. We shouldn't have to carry out Adams wishes now that he's out of office. If we wanted it done then he should have done it himself.
- Though Madison's actions are illegal, unfortunately, there is nothing we can do about it. According to the writ of mandamus, we can't make Madison give Marbury his commission.
- After review of the case, they decided the Judiciary Act of 1789 conflicted with the constitution. They established the principle of judicial review, giving them the ability to deem any law unconstitutional
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