The Supreme Court Of The United States

883 WordsSep 9, 20154 Pages
Issue: Does the Supreme Court of the United States have the constitutional power to void any acts made by Congress? Does section 13 of the Judiciary Act of 1789 give the Supreme Court the right to issue a writ of mandamus without violating the Constitution? Facts: In 1800 after the national election, the Federalist Party had just lost power in the presidency, and in both houses of Congress to the Jefferson Republican party. In spite of losing the recent election, John Adams, the current president in 1801 decided to finish the lame-duck term with urging his congress to pass the Judiciary Act of 1801. This act allowed the addition of 6 new federal courts and 16 new judges and justices of peace, which was allowed to be fulfilled by the lame-duck president, Adams. Among creating new federal courts, Adams and his Congress created minor judicial positions that would be appointed by Adams, who is a Federalist, before Thomas Jefferson would be sworn in as the new president on March 4, 1801. William Marbury was one the few persons commissioned as justice of peace for the District of Columbia on March 3, 1801, which was the night before the new administration of Thomas Jefferson was sworn in. It was ordered that Adams’ Secretary of State, John Marshall, deliver all new commissions to each person the night of March 3rd. Unfortunately, Marbury and others never received their commission. On March 4, 1801, the commissions were found in the office of Marshall, but the new Secretary of

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