Marbury v Madison

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  • Jefferson - Don't let Adams deliver the commissions.
  • Madison - Yes, sir Mr. President.
  • Marbury - Deliver the peace of Justices commission.
  • Madison - No, Jefferson told me not to deliver it.
  • Marbury - I am sueing you for not delivering the commissions.
  • Madison - Ok, see you in court.
  • John Marshal - I am the chief Justice, if the Court awards Marbury a writ of mandamus the Jefferson administration would ignore it.
  • But, if the Court denied the writ, it might well appear that the justices had acted out of fear.
  • John Marshal - I declare that Madison should have delivered the commission to Marbury but, then held that the section of the Judiciary Act of 1789 that gave the Supreme Court the power to issue writs of mandamus exceeded the authority allotted the Court under Article III of the Constitution, and therefore I avoid it.
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