PSC 4361 Chapter Notes - Chapter 2: Appellate Jurisdiction, William Marbury
Document Summary
Following the controversial house of representatives tie-breaking vote to elect thomas. Jefferson to the presidency in 1800, incumbent president john adams appointed forty-two justices of the peace for the district of columbia in rushed efforts to preserve his legacy in office. The outgoing secretary of state, john marshall, failed to deliver some of these commissions prior to leaving office, and newly appointed secretary of state under thomas. Jefferson, james madison, refused to deliver at least five of these commissions via the direction of jefferson. William marbury, one of those who were denied their commissions, asked the supreme court directly to issue a writ of mandamus ordering madison to deliver the commissions. Section 13 of the judiciary act of 1789. Legal issues: does william marbury have the right to his commission as a justice of the peace for the. Holding: yes, yes, no, legal reasoning, does marbury have the right to his commission as a justice of the peace for the.