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Marbury Vs. Madison (1803) - Paper

Marbury Vs. Madison (1803)

As his final presidential act, John Adams appointed 42 new Justices of the Peace, the appointments were officially certified by Marshall, then Secretary of State, but all of them were not delivered before Jefferson took office.Jefferson then directed Madison, the new Secretary of State, not to deliver the remaining commissions. Marbury was one of those who did not receive a commission. He filed a suit with the Supreme Court, (under the provisions of the 1789 Judiciary Act,) asking for a writ of mandamus (we command) to force Madison to deliver the commission.
Did Marbury have a right to his commission? Could the Supreme Court issue the order directing Madison to deliver the commission? Did ...

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sought after in the rial and the here are the resaults.Given the nature of the job, once a commission is signed and sealed, it is law. A Justice of the Peace is entitled to serve the full term of his office and is not subject to removal by executive whim.Since all the proper procedures were followed, Marbury has a vested right to his commission and to withhold it is to violate the law.
The ansewer to the first question wasyes.The Anglo-American legal system is premissed on the assumption that people have legal recourse when subjected to an injury.The U.S. government is one "of laws, and not of men." This implies that there is a legal remedy for violation of a protected right.
The courts opinion of this was that Marbury has the right to his office for five years and that, having been denied this right, he has recourse to the Courts to see that his commission is delivered.the next part of the trial of the court was to find a remedy for there decision.The decisoin they reached was ...

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Marbury Vs. Madison (1803). (2004, September 20). Retrieved April 19, 2024, from http://www.essayworld.com/essays/Marbury-Vs-Madison-1803/14655

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PAPER DETAILS

Added: 9/20/2004 06:25:38 PM
Category: Government
Type: Free Paper
Words: 451
Pages: 2

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