AJ 025 Lecture Notes - Lecture 8: William Marbury, Midnight Judges Act, Mandamus
15 Sep 2020
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Document Summary
Election of 1800 saw federalist president john adams lose to thomas jefferson, and. Federalist took steps to maintain control of judiciary: lame-duck congress enacted. Circuit court act of 1801, creating 6 new circuits and several district courts. During last 6 months of office, adams made 200 nominations, 16 judgeships ( midnight judges ) approved by senate during last 2 weeks in office. Congress also passed organic act of 1801, authorizing adams to appoint 42 justices of the peace for d. c. In final days of administration, john marshall (outgoing secretary of state) failed. With new administration, james madison (secretary of state), under jefferson"s to deliver some of these commissions orders, refused to deliver 5 of these commissions. William marbury and 3 others who were denied commissions went to scotus and asked it to issue writ of mandamus ordering madison to deliver commissions, invoking. Ruling: 4 (chase, marshall, paterson, washington) to 0.
