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On his last day as president, John Adams burnt the midnight oil by finishing commissions for the judges.
I have to finish signing commissions for all of the Federalists to make them judges in the Supreme Court. This way Jefferson and his bandit of Republicans cannot control the entire government.
Your honor Chief Justice Marshall, I have come here before you to order Madison to deliver my commission. John Adams has rightfully appointed me as one of the judges in a federal court.
When Jefferson refused to send the commissions, Marbury, one of the federal judges appointed by Adams, sued Madison and Jefferson.
That is blasphemous, Your Honor. Adams spent his last few days as president filling the courts with Federalists, so that they would not cooperate with Jefferson. I was told to not deliver the commissions.
According to Section 13 of the Judiciary Act, the Supreme Court has power to require federal officers to perform their official duties. If you command them to deliver all the commissions, then they will have to obey you.
Madison, is it not your responsibility as the head of your department to be amenable to the laws of our country?
But I also have to declare the section of Judiciary Act unconstitutional since it is not clearly written in the Constitution. Madison has won. Case dismissed.
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