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IN 1800 when the republican party won the election, the federalists still held the bench. This caused a "political panic".
William Marbury sued secretary of state James Madison to force him to deliver his commission as a justice of the peace.
John Marshall understood that if the court awarded maurbury a writ of mandamus the jefferson administration would ignore it and weaken the authority of the courts
They voted against maubury
the supreme court became part of government
the court became the arbiter of the constitution.
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