John Adams Discussion Of Section 2 Of The Constitution

841 Words4 Pages

In 1803 before the president Adams finished his presidential period, he designed forty-two justices of the peace for the District of Columbia. James Madison, the secretary of state of Thomas Jefferson refused to deliver four commissions or notifications; among them Marbury’s commission. Marbury’s asked the Supreme Court for a writ of mandamus or legal order compelling Madison to show the reason why he should not receive his commission.
John Marshall, Chief Justice denied Marbury’s petition and refused to issue the writ of mandamus. He stated that the Constitution did not give the Supreme Court the authority to issue writs of mandamus, arguing that Section 13 of the act was inconsistent with Article III, Section 2 of the Constitution which granted the right to do so.
As a result of the decision of this case, by Marshall’s assertion of Judicial Review, the Court began its promotion as an equal branch of government, equal in power to the President and Congress.

In the first instance, President Adams appointed certain number of justices of peace for the District of Columbia. The total commissions were not delivered therefore, William Marbury, one of the appointees made a petition to the …show more content…

Keeping in mind that John Adams was a Federalist as well as the 6th Congress, which still was in power, Congress passed the Judiciary Act of 1801 allowing the expansion of circuit courts from three to six, adding judges and giving the President the power to designate justices of peace and Federal judges. For this reason, Adams designated those justices of the peace for a term of five year. Unfortunately, four of the commissions were not delivered, including William Marbury’s. In 1801 after president Jefferson assumed the presidency, asked James Madison, Secretary of State to keep

Open Document