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William Marbury, William Harper, Robert R. Hooe, and Dennis Ramsay were the plaintiffs (actually petitioners); US Secretary of State James Madison was the nominal respondent.

William Marbury petitioned the US Supreme Court for a writ of mandamus (a judicial order commanding an official take, or refrain from taking, an action within his scope of responsibility) against US Secretary of State James Madison because Madison refused to deliver the justice of the peace commission former President John Adams granted Marbury. Marbury was unable to assume office without the sealed commission.

Chief Justice John Marshall presided over the trial. Marshall, coincidentally, had been Secretary of State under President Adams, and was responsible for delivering Marbury's commission. Unfortunately, the administration changed before he had an opportunity to complete the assignment, and he assumed James Madison would complete the task for him.

When the new President, Thomas Jefferson, discovered how John Adams had attempted to install 58 new judges immediately before leaving office, he decided to thwart as many of the appointments as possible. Marbury was one of a handful of men whose commissions were side-lined in this way.

Case Citation:

Marbury v. Madison, 5 US 137 (1803)

For more information on Marbury v. Madison, see Related Links, below.

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Marbury v. Madison established the practice of judicial review.


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