William Marbury

Source: Wikipedia, the free encyclopedia.
For the American lawyer, see William L. Marbury Jr.
William Marbury (1790s)

William Marbury (November 7, 1762

Midnight Judges" appointed by United States President John Adams the day before he left office. He was the plaintiff in the landmark 1803 Supreme Court case Marbury v. Madison
.

Background

Marbury, son of William and Martha (Marlowe) Marbury, was born November 7, 1762, in Piscataway, Maryland. He spent most of his early life in Maryland around his home.[3]

Career

Marbury became a

writ of mandamus to force the Jefferson administration to honor Adams' appointments.[5]

Marbury's suit led to the Supreme Court case

Chief Justice John Marshall did not offer Marbury a legal remedy
. Marshall's two-pronged decision averred that while the Court did not have the authority to issue the writ Marbury had requested, it did have the authority to review the constitutionality of actions of the federal executive and legislative branches of government, including those of the Adams and Jefferson administrations.

Whilst the case also held that President Adams' signed commissioned in itself "vested a legal right" - that is, legal title - as a Justice of the Peace (implying he was entitled to pay from that date), Marbury never actually exercised that judicial office. Rather he continued a successful career in finance (banking and securities trading).[7] [8]

Personal life

Marbury died on March 13, 1835. He was buried at Oak Hill Cemetery in Washington, D.C.[9]

Legacy

Marbury's former home in Georgetown is now known as "

Warren Burger placed portraits of William Marbury and James Madison in the small dining room of the Supreme Court, and designated the room "the John Marshall room".[11]

Descendants include

William L. Marbury, Jr. (1901–1988) of Baltimore, Maryland.[12]

See also

References

  1. ^ David F. Forte, Marbury's Travail: Federalist Politics and William Marbury's Appointment as Justice of the Peace, Catholic University Law Review, p. 355 Vol 45:349.
  2. ^ "John Marshall and International Law: Statesman and Chief Justice by Frances Howell Rudko". Archived from the original on 2008-09-27. Retrieved 2017-09-18.
  3. ^ Forte, David F., "Who was William Marbury?" (2003). Law Faculty Articles and Essays. 66. https://engagedscholarship.csuohio.edu/fac_articles/66
  4. ^ David F. Forte, Marbury's Travail: Federalist Politics and William Marbury's Appointment as Justice of the Peace, Catholic University Law Review, p. 402 Vol 45:349.
  5. ^ The Marbury Mystery: Why Did William Marbury Sue in the Supreme Court?
  6. ^ Treanor, "Judicial Review Before Marbury", 58 Stanford Law Review, p. 458.
  7. ^ Whatever happened to William Marbury?
  8. ^ Who Was William Marbury?
  9. ^ "Oak Hill Cemetery, Georgetown, D.C. (North Hill) - Lot 323" (PDF). Oak Hill Cemetery. Archived (PDF) from the original on 2022-03-02. Retrieved 2022-08-17.
  10. ^ History of Forrest-Marbury House on the Ukrainian Embassy website.
  11. ^ David F. Forte, Marbury's Travail: Federalist Politics and William Marbury's Appointment as Justice of the Peace, Catholic University Law Review, p. 350 Vol 45:349.
  12. ^
    ISBN 9780674372955
    . Retrieved 2 October 2017.

External links
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