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- Who won the presidentialelection in the 1800s?Marbury v. Madison
- I will guide you through each event.
- The judiciary act of 1801 will be passed soon by the federalist congress which will permit John Adams to make lots of meetings to the courts. James Adams appointed John Marshall, his secretary of states, as chief justice of the United States when the Chief Justice resigned.
- Marshall was given the task by president Adams to deliver commissionsto people who had gotten the jobs, but some of the commissions hadn't been sent. Jefferson told James Madison, his secretary of state, to hold the commissions. Holding William Marbury also.
- Hold off on thosecommissions.
- Yes sir..
- William Marbury was furious. How could keep him from being a judge. So William Marbury asked the United States Supreme Court to issue the writ of mandamus, a legal order. The writ of mandamus would allow his commissionto be delivered. A law was passed by congress in 1789 saying anyone could start at the Supreme Court.
- The Supreme Court has the power to issue the writ!
- John Adams is entitled
- The claim Marshall had done was turned down by himself. Marshall also said that the constitution wouldn't give the right for the jurisdiction of the supreme court to decide Mabury's case. So the 1789 case was therefore unconstitutional. Meaning the Supreme Court didn't give Malbury his comission.
- William Malbury's case is unconstituional!
- The judicial review had been used for the first time. The judicial review is the right of the Supreme Court to review and rule on acts or other branches of government. The judicial review can be used to see a violation in the executive or legislative branch. This means John Adams won!
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