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In Marbury v. Madison, (1803), William Marbury sought a judgment from the Supreme Court forcing the Secretary of State, James Madison, to deliver a justice of the peace commission former President Adams had awarded Marbury immediately leaving office. Delivery was to be arranged by the Secretary of State's office, which, ironically, had been under (Chief Justice) John Marshall's control at the time the commission was signed. Due to time constraints, the task fell to the incoming Jefferson administration, which refused to execute Adams' orders.
Madison played no real role in the case, other than being the nominal defendant. Attorney General Levi Lincoln represented the interests of the United States. Madison didn't testify and wasn't present for any portion of the trial.
Case Citation:
Marbury v. Madison, 5 US 137 (1803)
Wiki User
∙ 13y ago
Wiki User
∙ 14y agoMarbury v. Madison, 5 US 137 (1803)
John Marshall was Chief Justice of the Supreme Court when Marbury v. Madison was filed in December 1801; however, he had previously been the Secretary of State under President John Adams. Marshall was responsible for recording, sealing and delivering 42 last-minute justice of the peace commissions awarded under the Organic Act of 1801, but Adams' administration ended before he could complete the task.
When the new President, Thomas Jefferson, assumed office, he reduced the number of justice of the peace positions from 42 to 30, then reassigned five of the 30 to members of his Democratic-Republic party. Seventeen men who had been appointed to these low-level judicial positions were denied their commissions as a result.
William Marbury, and several others whose commissions were withheld, filed a petition for a writ of mandamus (a court order requiring an official take a particular legal action) with the Supreme Court, compelling the new Secretary of State, James Madison, to deliver paperwork that would let them begin work.
Chief Justice Marshall played a dual role by presiding over a case in which he had also been a participant.
Today, Marshall would be expect to recuse himself from the case on the basis of conflict-of-interest.
For more information, see Related Questions, below.
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∙ 11y agoEstablished the principle of judicial review
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