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Before Jefferson could take his place, Adams appointed a number of justices of peace. Jefferson ordered James Madison not to deliver the commissions for them.
William Marbury, one of these denied justices, petitioned to the Supreme Court for a writ of Mandamus for Madison to say why he should not get the commission.
This caused Chief Justice Marshall to wonder about the rights of each side of the case. He decided that Marbury did have a right to the writ because he was properly appointed
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