PS 3150 Lecture Notes - Lecture 2: British Land, Mandamus
14 Sep 2017
School
Department
Course
Professor
Document Summary
Gave supreme court the power to issue writs of mandamus (we command) under original jurisdiction. Adams appoints federalists judges to last throughout jefferson"s presidency. Marbury is appointed to be federalist judges from midnight appointments . Marshall passes on commission to younger sibling to deliver. James madison becomes secretary of state and never delivers commissions. Marbury asks supreme court to issue writ of mandamus, commanding the delivery of commissions. Madison and jefferson don"t show up for oral argument. Does marbury have a right to his commission? yes. Discretionary actions- can not be resolved by courts. The case came to them under original jurisdiction. A regular law cannot alter the constitution without becoming an amendment. Virginia law said they could take british land.
