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Word Count: 462
In 1800 President John Adams lost his bid for re-election Thomas Jefferson was voted in for the president Adams being a Federalist disagreed with the beliefs of Jefferson a republican and feared that he would shift the power in the government to the states To prevent this Adams created many new judicial posts and filled them with Federalists He did this in quite a rush being he was going to be out of office soon All the appointments were given to his Secretary of State to be sealed and delivered Secretary of State Marshall completed all the documents except for the ones for the appointments for the District of Columbia He assumed the next Secretary of State would complete them When Jefferson found out about this he was mad He ordered the new Secretary of State James Madison not to deliver the final appointments to the selected judges One of the judges that didnt get his promised appointment was William Marbury Marbury decided to take action in court Marburys argument was supported by Section 13 of the Judiciary Act This stated the courts could force an official to perform an official duty This is called a writ of Mandamus Marbury took this claim to the Supreme Court The Chief Justice Marshall of the Supreme Court is now James Madison Adams old Secretary of State If he issued the writ Marshall would ignore it and the court would be perceived as powerless If he didnt issue it people would think he was a traitor to his Federalist party On February 24 1803 a decision was rendered It stated that Marbury was entitled to his appointment and that a court could issue a writ of Mandamus He then went on to say that Section 13 was contrary to Article III of the Constitution which said that the Supreme Court had no original jurisdiction in the case So a lesser court could legally give the writ of Mandamus
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