Now, here’s exactly where factors get a very little fishy.
During the trial, the attorney for the plaintiffs, previous Attorney Typical Charles Lee, referred to as on Madison to supply the commissions to the courtroom or at least validate their existence. He refused. He asked the (Jeffersonian) Republican-managed Senate to present a composed history that Marbury and his co-plaintiffs had been confirmed. It refused. He identified as on the State Department’s main clerk to testify, but he had what Paul calls “a convenient lapse of memory.” Finally, Levi Lincoln admitted to obtaining witnessed a stack of commissions sitting down on his desk on the working day he took office on an interim foundation (March 4, 1801), but he could not recall irrespective of whether he observed Marbury’s commission and could not say what had happened to the rest of the commissions either.
There was only just one person on the court who realized just what had transpired, and that was Main Justice John Marshall. But he was presiding more than the demo and could not testify. And so it was his brother, James Marshall, who informed the courtroom, in a signed affidavit browse by Lee, that “he was termed to the State Office and questioned to provide the commissions of the justices of the peace in Alexandria.”
James’s testimony was the only evidence at trial that the commissions experienced in point been issued. And, Paul argues, it was “most very likely a complete fabrication.” In this telling, James Marshall perjured himself, and John Marshall not only enable him, but may perhaps have even questioned him to.
In his guide, Paul argues that this was vital, that Jefferson and his Republican Bash have been threatening the independence of the judiciary and that Marshall believed the ends justified the suggests. As Paul places it, “Jefferson and the Republicans had left Marshall no preference by refusing to respect the court’s orders to offer proof that the commissions have been signed and sealed. The lie bridged an evidentiary gap by establishing in court docket the existence of the commissions, which the total world realized was accurate.”
Be that as it may perhaps, it’s nonetheless wild that the circumstance seems to have turned on an act of perjury, facilitated by the chief justice, who then dominated in such a way as to assert and set up the authority of the courtroom above the which means of the Constitution. It ought to possibly be mentioned as effectively that in Paul’s view, Marshall primarily fabricated the conflict at the heart of the situation, which is irrespective of whether the Supreme Courtroom could situation a writ of mandamus commanding Madison to provide Marbury’s fee. Underneath the Judiciary Act of 1789, which set up the federal judiciary, the court docket could do just that. But according to Marshall, Short article III of the Structure did not grant the courtroom “original jurisdiction” to challenge writs of mandamus, which means that aspect of the law was unconstitutional.