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  • I have now signed the Judiciary act 
  • why were they not delivered? how could this have happend?
  • I am suing you for my commission 
  • Adams signs Judiciary act of 1801, which created a number of new judge ships
  • My decision is... the court cannot grant the writ
  • President Adams attempted to fill the vacancies prior to the end of his term, but a  number of commissions had not been delivered  
  • That exceeds the powers, therefore, it is unconstitutional  
  • Marbury sued Madison to force him to deliver his commission as a justice of the peace
  • we now have the final authority 
  • Marshall's decision: The court could not grant a writ because section 13 of the judiciary act, As a result, Marshall's decision denied Marbury's commission.
  • The supreme court had the power to declare acts of congress and the president unconstitutional if they exceeded the powers granted by the constitution.
  • The court became the arbiter of the constitution, the final authority on what the document meant
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