POL-UA 9994 Lecture Notes - Lecture 2: Thurgood Marshall, William Marbury, Midnight Judges Act
20 Feb 2017
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Article 3, you"re free - judges serve life tenure with good behavior. Leads to court packing to entrench power from the outgoing party; ex midnight judges. Congress adopts the circuit courts act of 1801, establishing six new circuit courts w / 16 judges and lowers the number of supreme court justices from 6 to 5. The organic act creates 42 new justices of the peace. Jefferson instructs his secretary of state, james madison to withhold commissions from. 17 justices of the peace (including william marbury) James madison never even showed up to court for the litigation. The scotus did not have the same power or prestige that they have today. Justice marshall was serving as the secretary of state and the chief justice of the. It was technically his fault that the commissions were not delivered, leading to the case. There were grounds to ask for a recusal.
