What is a petition for writ of mandamus, and, why did the petitioners file them?

A petition for writ of mandamus is not a common proceeding. Many readers may have encountered this writ only in reading about the most famous case involving a petition for writ of mandamus -- Marbury v. Madison, 5 U.S. 137, the landmark Supreme Court case that established the concept of judicial review during the Presidency of Thomas Jefferson.

Marbury was a Federalist appointed to office by President John Adams during the closing days of his administration. However, Adams has failed to delivery his commission to him. Thomas Jefferson, a Democrat, was elected President in 1800.

The Democrats repealed the statute creating the position to which Marbury was appointed, and Jefferson refused to deliver the commission. Marbury sued James Madison, Jefferson's Secretary of State, seeking a writ of mandamus ordering him to deliver the commission for office. In the end, the Supreme Court ruled that Madison and Jefferson did not have to deliver the ... more.

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