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Saturday, October 26, 2013

Marbury vs. Madison and judicial review.

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 turn on the superpower in the government to the states. To prevent this, Adams created many impertinent juridical posts and filled them with Federalists. He did this in quite a rush, being he was going to be out of bit soon. on the whole the appointments were given to his depositary of State to be slopped and delivered. Secretary of State Marshall effd all the documents except for the ones for the appointments for the normal of Columbia. He assumed the next Secretary of State would pick up them. When Jefferson found out about this, he was mad. He rate the new Secretary of State, jam Madison, not to deliver the sack appointments to the selected judges. One of the judges that didnt get his promised appointment was William Marbury. Marbury decid ed to income tax revenue return action in courtyard. Marburys argument was supported by function 13 of the Judiciary Act. This stated the courts could force an positive to commit an official duty. This is called a writ of Mandamus. Marbury took this claim to the supreme Court.
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The old geezer Justice Marshall of the Supreme Court is without delay James Madison, Adams old Secretary of State. If he counterd the writ, Marshall would cut off 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 February 24, 1803 a ending was rendered. It stated that Marbury was entitle! d to his appointment and that a court could issue a writ of Mandamus. He accordingly went on to theorize that Section 13 was contrary to hold III of the... If you fatality to get a full essay, set it on our website: OrderCustomPaper.com

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