No. President John Adams nominated William Marbury as a justice of the peace under the newly passed Organic Act of 1801, just two days before the end of his administration. John Marshall was Secretary of State under Adams at the time, and was responsible for processing the paperwork and arranging for Marbury's commission to be delivered, but he ran out of time and left the deliveries for James Madison (the incoming Secretary of State) to complete.
Marshall expected the commissions to be sent out as a matter of routine, but the new President, Thomas Jefferson, found them and (presumably) destroyed a number of them. Marbury's and his three co-plaintiffs', were among those not delivered.
Case Citation:
Marbury v. Madison, 5 US 137 (1803)
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The Supreme court decision on Marbury version Madison by the federal judiciary. This is part of the court systems.
The Marshall CourtAlthough judicial review is a carryover from British common law and in use well before the United States had a Supreme Court (and thereafter, before the Marbury v. Madison case), the Marshall Court is generally credited with establishing the legitimacy of its use in the new federal government. Fourth Chief Justice John Marshall claimed the right of judicial review for the Judicial Branch of government in his opinion for Marbury v. Madison, (1803).Case Citation:Marbury v. Madison, 5 US 137 (1803)
William Marbury brought suit to secure his position as a Justice of the Peace in Washington D.C. The appointment was one of the last minute "Midnight Judges" assignments made in the waning hours of the Adams' administration pursuant to the Organic Act of 1801 (not to be confused with the Judiciary Act of 1801, which reorganized the federal courts and added sixteen new circuit judges).Specifically, Marbury wanted the Supreme Court to issue a "Writ of Mandamus" (a judicial order compelling a government official to carry out the duties of his office) to Jefferson's Secretary of State James Madison. Marbury wanted Madison to deliver his commission so he could take office.Chief Justice John Marshall (Jefferson's second cousin) ruled that, while Marbury's appointment was legal, the Supreme Court lacked original jurisdiction over the case, preventing them from ordering the executive branch to do anything. Marshall told Marbury he would first have to pursue the case in a lower court, then petition the US Supreme Court under its appellate jurisdiction if his grievances weren't addressed.Marshall also ruled that Section 13 of the Judiciary Act of 1789, passed under George Washington, was unconstitutional. By declaring an Act of Congress unconstitutional, Chief Justice Marshall affirmed the court's right of "judical review."Marbury did not get his job.Case Citation:Marbury v. Madison, 5 US 137 (1803)For more information on Marbury v. Madison, see Related Questions, below.
The president's power to nominate federal judges is a check on the judicial branch by the executive branch.
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