PSCI 3322 Chapter Notes - Chapter 1: Reconstruction Acts, Aaron, Endangered Species
17 Oct 2016
School
Department
Course
Professor
Document Summary
Facts: john adams nominated people to serve as justices of peace for dc. Adam"s secretary of state did not deliver the commissions before thomas. Jefferson ordered his sec. of state to not deliver the commissions. The men whose commissions were not delivered sued madison for not neglecting his constitutional duty. Response: (1) yes - supreme court says constitution grants the president the power to appoint and commission officers of the us. Without the commission, the appointment is not complete. (2) yes - the court also held that upon appointment, the officers have acquired rights to their positions under the law. If law conflicts with the constitution, it is invalid. The court lacked the authority when they found the conflict and they cancelled marbury"s claim. Marbury was entitled to it, but the court was unable to grant it because of the judiciary act conflicted with the constitution. So the law was null and void, and the constitution prevails.
