Mar Vs Mad

Marbury v. Madison

In this thesis entitled "Marbury v. Madison" John A. Garraty states that Chief Justice John Marshall made the case decision that changed the Supreme Court forever. This case was the final stage of the chain reaction that Adams started after losing

his presidency to Jefferson. Adams didn't want democrats to have control of government, so he got congress to pass Judiciary Act of 1801, which would create new posts for federalist judges. During the last weeks of his Presidency, Adams signed all the commissions for new judges. In the same time John Marshall was a Secretary of State, who was in charge of stamping and delivering all the commissions for new judges. All commissions were completed excluding those of Justices of Peace for District of Colombia. John Marshall made a mistake of not fully finishing his task, and he would have to deal with it later. Jefferson, who was now the President, saw that federalists were taking over courts, and he obviously didn't take it to the heart. The new President made Judiciary Act of 1801 unconstitutional and told his Secretary of State, Adams Madison, to not deliver rest of commissions. One of the judges whose commission was held by Madison was Marbury. Therefore Marbury went to Supreme Court and asked the Judges for a writ of mandamus. John Marshall, who was the new Chief Justice, told him that this case would take place during the next sessions of Supreme Court. While Marbury waited for next session of Supreme Court, he asked Secretary to see the documents, but Madison did everything in order not to give information to Marbury. New session of Supreme Court started hearing of Marbury v. Madison case, in which Henry Lee was the attorney of the plaintiff. Lee was one of the judges who were affected by Jefferon's declination of Judiciary act of 1801, so he had his own grudge against democrats and took this case to his heart. He had three witnesses take stand: two clerks, Wagner and Brent, and last witness was attorney general Levi Lincoln. All witnesses were reluctant, but despite that, Lee proved that commissions were singed and sealed with help of other clerk and James Marshall. Chief Justice John Marshall had to make a decision. John Marshall didn't want to confront President's