SPA-220 FA4 Lecture Notes - Lecture 1: National Federation Of Independent Business, Rational Basis Review, Commerce Clause
Document Summary
John adams nominated several justices of the peace in the last days of his presidency. Senate confirmed the appointees and commissions were prepared. Adams sos john marshall didn"t deliver all of the commissions before jefferson assumed office. Jefferson ordered his sos, james madison not to deliver the commissions. Plaintiffs (men whose commissions weren"t delivered) decided to sue madison. Reason was that madison was neglecting his constitutional duty. Court may declare an act of congress void if it is inconsistent within the constitution. Chief justice john marshall said that the constitution did not give the sc the power to issue writs of mandamus. A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. Us congress shall have the power to regulate commerce with foreign nations, and among several states, and with the indian tribes.