Marbury v. Madison
5 U.S. 137 (S.Ct. 1803)
Facts:<Tab/>President Adams appointed William Marbury to the position of justice of the peace in 1801. However, Marbury failed to receive his commission before the end of the Adams Administration. The new Jefferson administration had ordered the secretary of state (James Madison) not to deliver Marbury's commission. By the Judiciary Act of 1789, Marbury sued Madison in the Supreme Court seeking a writ of mandamus forcing Madison to deliver Marbury's commission.
Issues: 1) Whether Marbury has a right to his commission.
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