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Marbury v. Madison
1 Cranch 137 (1803)
The elections of 1800 brought a defeat to the Federalists from which they
never recovered. President Adams, however, did not leave office until
March 1801. In a last-minute attempt to retain influence in the Judiciary
after leaving office, the Federalists passed the Judiciary Act of February
13, 1801, which created six new circuit courts with 16 new judgeships.
The Act also reduced the size of the Supreme Court from six to five in the
hope that Thomas Jefferson, the incoming President, would be denied
the opportunity to appoint a loyal Republican to the high bench. Two
weeks later Congress passed another act to allow President Adams to appoint for the District of Columbia for five-year terms as many justices of
the peace as he thought necessary.
Working right up until midnight of March 3, the day before Jefferson
was to be inaugurated, Adams endeavored to fill the newly created vacancies before the clock struck twelve. Among the judicial appointments
he made during the closing weeks of his administration was that of John
Marshall to be Chief Justice of the United States. Marbury was one of
those whom Adams had appointed to the office of justice of the peace,
but time ran out before Marbury’s commission could be delivered. The
individual responsible for delivering the commission was John Marshall
himself, who, notwithstanding the separation of powers principle, was
still serving as Secretary of State (in spite of his judicial appointment).
Upon taking office, President Jefferson promptly took steps to gain the
repeal of the Judiciary Act of 1801, which he accomplished on March 8,
1802. As for Marbury, Jefferson simply instructed his new Secretary of
State, James Madison, to withhold Marbury’s commission. Thereupon
Marbury filed suit asking the Supreme Court, under its original jurisdic-
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