Marbury Vs Madison Case Brief Summary

Case Brief of Marbury v. Madison
Citation. 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803)
Facts.
In his very last days of office, President John Adams hurried to appoint several commissions, some of which were the justices of the peace for the District of Columbia. He rushed because he felt as if Thomas Jefferson would not appoint any Federalists and would instead appoint his own party, the Democratic Republicans. To prevent this, Adams appointed several “midnight judges”. These “last minute” judges were 16 circuit judges and 42 justices of the peace, one of them being William Marbury.
These commissions were signed by President Adams and sealed by his Secretary of State, John Marshall. They were confirmed by the Senate, but the commissions were not …show more content…
Yes. John Adams’ appointment of William Marbury is valid.
Marbury essentially became the justice of the peace for the District of Columbia when President Adams appointed him. It was signed by Adams, and sealed by the Secretary of State, John Marshall. Therefore, at that moment, his appointment was valid. The delivery of the appointment was simply a formality that was not in President Adams’ control. Since the signing and sealing of the appointment was exercised, technically, he was granted that position for five years.

2. Yes. Marbury does have the right to the commission.
Because the appointment was already exercised before the opportunity of delivery even became an issue, Marbury has a legal and vested right to the commission. The withholding of that commission violated that right.

3. Yes. Since he does have the right, there are laws to grant Marbury a remedy.
Our laws must give Marbury a remedy because he has a right to the commission. His civil liberty was violated and it is the duty of the government to protect civil liberty. To refuse the delivery of the commission is in direct violation of the law and has no other choice but to be remedied.

4. Yes. The remedy is

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