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Marbury argued his appointment was valid because the President had nominated him, and the Senate had confirmed his position as justice of the peace. According to Marbury's attorney, Charles Lee, the Supreme Court was authorized to issue a writ of mandamus compelling Madison to deliver the document Marbury needed to take office, pursuant to Section 13 of the Judiciary Act of 1789, which conferred on the Court the ability to issue extraordinary writs to members of the US government.

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William Marbury brought suit to secure his appointment as a Justice of the Peace in Washington D.C. The appointment was one of the last minute "Midnight Judges" appointments signed in the waning hours of the John Adams administration pursuant to the Organic Act of 1801 (not to be confused with the Judiciary Act of 1801, which reorganized the federal courts and added sixteen new circuit judges).

Specifically Marbury wanted the Supreme Court to issue a "Writ of Mandamus" (a judicial order compelling a government official to carry out the duties of his office) to Jefferson's Secretary of State James Madison. He wanted Madison to deliver his appointment so he could take office.

Marbury argued his appointment was valid because the President had nominated him, and the Senate had confirmed his position as justice of the peace. According to Marbury's attorney, Charles Lee, the Supreme Court was authorized to issue a writ of mandamus compelling Madison to deliver the document, pursuant to Section 13 of the Judiciary Act of 1789, which conferred on the Court the ability to issue extraordinary writs to members of the US government.

Chief Justice John Marshall (Jefferson's second cousin) ruled that while Marbury's appointment was legal, Marshall believed the Supreme Court lacked original jurisdiction over the case, preventing them from ordering the executive branch to do anything. Marshall told Marbury he would first have to pursue the case in a lower court, then appeal to the US Supreme Court if his grievances weren't addressed.

Marshall also ruled that Section 13 of the Judiciary Act of 1789, passed under George Washington, was unconstitutional. By declaring an Act of Congress unconstitutional, Chief Justice Marshall affirmed the court's right of "judical review." Marbury did not get his job.

Marbury v. Madison, 5 US 137 (1803)

For more information on Marbury v. Madison, see Related Links, below.

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13y ago
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13y ago

President John Adams had appointed William Marbury to a five-year term as justice-of-the-peace in Washington, DC, but he never got to take office. He real profession was as a land speculator, real estate agent and banker. Marbury was wealthy; the commission was granted as a form of patronage (sort of a political gift to a supporter).

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Q: What did William Marbury argue in the Marbury v. Madison case?
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