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  • 07-12-2020
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How was Marbury appointed as a judge?

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gracefoutch
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  • 07-12-2020

Answer:

In a anonymous decision, written by Justice Marshall, the Court stated that Marbury, indeed, had a right to his commission. But, more importantly, the Judiciary Act of 1789 was unconstitutional. The Supreme Court could not force Jefferson and Madison to appoint Marbury, because it did not have the power to do so.

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