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Essay / Was William Marbury entitled to the Commission as...
At the end of President John Adam's term, his Secretary of State, John Marshall, failed to turn over the documents appointing William Marbury new justice of the peace. Thomas Jefferson declared the commissions invalid and denied Marbury the right to serve as justice of the peace. Marbury then sued Jefferson's Secretary of State, James Madison, asking the Supreme Court to compel the handover of the documents. Was Marbury entitled to the commission? Marbury was entitled to the commission by the fact that "the order granting the commission takes effect when the constitutional power of appointment of the Executive has been exercised, and the power has been exercised when the last required act of the person possessing the power was accomplished. Adams. I held that Marbury was rightfully entitled to the position of justice of the peace because Adams had actually signed on the commissions. Just because the commissions were not delivered appropriately does not mean Marbury has this claim. In 1831, the Cherokee...