William Marbury was seeking to retain appointment as a justice of the peace by the Organic Act signed by John Adams on his last day in office. However, as the papers pertaining to the act were not delivered before Adams term expired, his intended appointment was denied by the next administration. Marbury brought this injustice to the Supreme Court for the law grants him a remedy, that the Constitution protects the right of every individual from injury and protection under the laws of the land. This case enabled the Supreme Court to state they have the authority to review acts of Congress in relation to how they uphold the Constitution. Once Adams signed the commission, it was a legally binding document; the refusal to accept the documents by the Jefferson administration was illegal. Therefore, Marbury was within his constitutional rights compel the new Secretary of State James Madison to deliver the commissions that would ultimately grant his justice of the peace placement.
Dec 1st, 2014
Studypool's Notebank makes it easy to buy and sell old notes, study guides, reviews, etc.