Marbury v. Madison certainly is the case that established the Supreme Court’s power and legitimacy as a co-equal branch of government, on a par with Congress and the President. But there are also some interesting quirks in the facts and outcome of the case that are worthy of mention.
This case involved the appointments of an outgoing, “lame duck” president, Adams, who was trying to appoint as many justices of the peace as he could on his way out, a way of trying to exert his influence after he left office, just as a president today wants to appoint as many judges as possible before leaving office. When Adams’ successor, Jefferson, took office, he refused to allow the delivery of the appointments to the appointees, one of whom was Marley.
Marley filed his suit in the Supreme Court, seeking what is called a Writ of Mandamus. When a Writ of Mandamus is issued, it directs a government official to do what he is supposed to do under the law, in this case, to deliver the appointment made...
(The entire section contains 2 answers and 675 words.)
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