What Were The Facts Of Famous Case Of The Supreme Court Of United States, Marbury Vs Madison?


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Hassan Raza answered
The facts of the case were that the federalist had lost the election of 1800. But before leaving the office they were succeeded to create several new judicial vacancies. Among these vacancies, 42 were for the justices of peace which were allocated to the District of Columbia. For these vacancies, John Adam, the retiring President, had appointed 42 federalists. The Senate had also confirmed these appointments and the commissions were also signed and sealed. After all these steps, John Adam has asked his secretary to deliver them but he was failed to deliver certain of them.

The incoming President Thomas Jefferson assumed the office, he instructed his Secretary James Madison not to deliver the Commissions to the Seventeen, including one for William Marbury. Marbury decided to take action against this step of Madison. And in this connection he has studied the Judiciary Act 1789. By studying this law, he found that Section 13 of the Judiciary Act of 1789 declared "The Supreme Court shall have the power to issue Writ of Mandamus, in cases warranted by the principles and usages of law, to person holding office under the authority of the United States," So he without any further delay went to his attorney and filed through him a petition to the Supreme Court to issue the court order of Mandamus to Secretary Madison order him to bring the payment.

At that time, when Marbury filed the petition in the Supreme Court, the office of Chief Justice was rested with John Marshall. The Chief Justice John Marshall has studied the Constitution and Judiciary Act of 1879 and he found that the Section 13 of this law is in contradiction with Article No. 3 Section 20 of the American Constitution. Because in it, the limits of the Supreme Court power has been fixed. After studying all this, John Marshall announced the judgement.

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