Capitolo 39
it transferred him for a rule to Madison to show cause because he should not be commanded
to deliver the ownership to which it faked Marbury to the plaintiff
is entitled. Jefferson clearly declined to appear in front of Marshall,
through his/her Minister of State, and finally, in February, 1803, Marshall
gives judgment, in what was, without any doubt the most anomalous
opinion that him you/he/she has ever delivered, in that it violated all the judicial conventions,
for, apparently, any object, safe to humiliate a political opponent.
Marshall had any intention of imposing Madison to surrender himself/herself/themselves the
you commission to Marbury. He was too much skilled a statesman for that. Marshall
he/she knew that he could not force Jefferson to respect such document against his
desire, and that in to publish the order he would only bring them and his
you court in contempt. What he seems to have desired to do was to give
Jefferson a lesson in behavior. Accordingly, instead of dismissing
The suit of Marbury on some convenient pretext, as, according to legal
label, he would have had to do if he was decided to decide
against the plaintiff, and he/she anchors the thought it drawback to explain his
perspective of the law, he started his/her opinion with a long and extra-judicial
homily, first on the title of ownership Marbury in the errand, and
then on civil liberty. Having affirmed the right of that Marburies to his
office dressed of the sacred hangings when the President had signed, and the Minister of State
you/he/she had sealed the tool, he pointed out that retention the ownership
so suit of the sacred hangings was a violation of civil rights in which a could be examined
court of justice. It was otherwise it, the President of the Short Supreme insisted, the
government of the United States could not have called a government of laws
and not of men.
All from that this elaborate introduction was in the nature of a solemn lecture
the President of the Short Supreme of the Supreme court to the President of the united one
Is on his/her defective unloading of his/her official duties. Having assuaged