Académique Documents
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1 Marbury vs Madison
Summary: Organic Act; appointment
ng mga judge; purpose: para federal
ang judiciary controlled bago maging
president si Jefferson; Marbury ay
maappoint sana as justice of the
peace; pero failure to deliver
commissions before Thomas Jefferson
took office; not recognized by Thomas
Jefferson; writ of mandamus by
Marbury to compel Madison(US sec of
state) to deliver the commissions; SC:
SC can review acts of Congress;
Congress cannot expand the scope of
SC original jurisdiction (mali yung
judiciary act na yan); SC no original
jurisdiction on writ of mandamus;
kailangan appellate;
Note: A (writ of) mandamus is an
order from a court to an inferior
government official ordering the
government official to properly fulfill
their official duties or correct an abuse
of discretion
Facts
-On his last day in office, President
John Adams named forty-two
justices of the peace and sixteen new
circuit court justices for the District of
Columbia under the Organic Act. The
Organic Act was an attempt by the
Federalists to take control of the
federal judiciary before Thomas
Jefferson took office.
-The commissions were signed by
President Adams and sealed by acting
Secretary of State John Marshall (who
later became Chief Justice of the
Supreme Court and author of this
opinion), but they were not
delivered before the expiration of
Adamss term as president.
3 Tolentino vs Secretary of
Finance