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Q: What did the opinion say about Marbury being entitled to his commission?
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How was the Fourth Amendment violated in the Marbury v Madison case?

It may be difficult to make a case that anyone's Fourth Amendment rights were violated in Marbury v. Madison.Amendment IV"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."Maybe one could argue Marbury's commission was illegally seized or that withholding the paperwork prevented him from being secure in his "...papers, and effects..." but it would be difficult to apply this concept to something that was never in Marbury's possession. The Fourth Amendment applies when there is both a "search" and a "seizure," and pertains primarily to privacy rights. Marbury was never subject to an invasion of his person or belongings, with or without a warrant.Marshall held Marbury was entitled to receive his commission, but the deprivation was a civil matter, not criminal.Likewise, the Fourth Amendment has no application to the commissions relative to the government officials, Adams, Marshall, Jefferson, or Madison (actually Levi Lincoln), because the paperwork and premises belonged to the government, not to any of them, personally.Case Citation:Marbury v. Madison, 5 US 137 (1803)


Where is William Marbury's Commission?

The short answer is that no one knows. In a letter to William Johnson (June 12, 1823) Jefferson talks about the case, and he says that he found the commissions, and "countermanded" them. He certainly stopped them from being delivered, but there is some speculation as to what he actually did with them. The George Washington Law Review devoted an issue to the Marbury v. Madison, and in an article entitled "John Marshall, the Mandamus Case, and the Judiciary Crisis, 1801-1803" by Charles F. Hobson says "Did Jefferson go further and order the original commissions to be destroyed and the copies, if any had been recorded, to be expunged from the commission book? Given his moderating influence on Jefferson on the other occasions, it may not be implausible to conjecture that Madison, had he been on the spot, would have counseled caution in regard to the commissions." A quick Google search reveals a comment by "A Northwestern Law Student" claiming that the commission was once on display in the National Archives. A quick call to NARA reveals that they have never known the fate of the commission, let alone owned it. The documents that the National Archives does hold related to Marbury v. Madison and that have rotated on display in the main gallery include the order served on Madison, Marbury's show cause order (which is what we are assuming the student saw), Marbury's affidavit in the case, and a rough draft of another show cause order. Images of some of these materials rotate on NARA's web site. Hope this helps. --The Reference Staff at the IU Bloomington Law Library.


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Who was the President during Marbury v. Madison?

John Adams was President when Marbury and his co-plaintiffs were appointed as justices of the peace for Washington, DC. Thomas Jefferson became President a few days later, and was responsible for preventing the commissions from being delivered. The Marbury v. Madison, (1803) case took place entirely during Thomas Jefferson's presidency.For more information about Marbury v. Madison, see Related Questions, below.


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Why should Chief Justice John Marshall have removed himself from the Marbury v. Madison case?

Marbury v. Madison, 5 US 137 (1803)Chief Justice Marshall should have recused himself for conflict-of-interest because he was President Adams' Secretary of State, and responsible for recording and sealing Marbury's appointment, and for arranging delivery of the justice of the peace commissions withheld by the new Jefferson administration, and being contested in Marbury v. Madison.For more information, see Related Questions, below.


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