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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)

For more information, see Related Questions, below.

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Q: Did John Marshall nominate William Marbury as a federal judge?
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How did the supreme court decision in marbury version madison strengthen the federal judiciary?

The Supreme court decision on Marbury version Madison by the federal judiciary. This is part of the court systems.


How was the power of judicial review established?

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What action did William Marbury take to get Jefferson and Madison to deliver his commission?

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.


What branch is being checked when president appoints a federal judge?

The president's power to nominate federal judges is a check on the judicial branch by the executive branch.


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