Marbury Vs Madison Case Summary

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Marbury vs. Madison, 1803

This case was between William Marbury and James Madison. In the “lame duck” period following the Election of 1800, John Adams was appointing new justices of the peace. He had commissioned six “midnight judges’ on the last day of his term. John Marshall was the Secretary of State and was in charge of delivering the appointment commissions. He failed to deliver three commissions, including the commission of William Marbury. Thomas Jefferson then took office along with his secretary of state James Madison. President Thomas Jefferson then ordered James Madison not to deliver William Marbury’s commission. Marbury then sued Madison for not delivering the commissions. He sued under the terms of the writ of mandamus from
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