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The Supreme Court of the United States. 6 6

Marshall was, until then, the

the outgoing administration secretary of state, headed by

John Adams From Jefferson's election to his assumption as

President, on March 4, transcendent events would occur. In that brief

interregno, the outgoing president - apart from the designation of Marshall in

the Court - ordered three measures that would cause a strong confrontation

With the incoming president. On the one hand, he proposed the modification of the

Judicial Law, and reduced the number of Supreme Court judges from six to

five. The reason publicly offered was the sixth judge of the high court, Cushing, was ill and could not perform his function. But it was

Obviously, this reduction took Jefferson away from once

assumed his position, designate a replacement. In the project also

they created sixteen positions of circuit judges. This proposal was approved.

by Congress on February 13.7

On the other hand, a few days later, Adams

sent a new bill referred to the District Charter

from Columbia (today Washington D. C.). In this project it was proposed,

among other things, the creation of peace courts for the district, units

who would be in charge of judges who would serve 5 years in the position.

Congress passed the law on February 27 and authorized the president to

appoint magistrates to occupy those courts. March 2 is

say, one day before Jefferson swore as president, Adams proposed 42 people to fill those positions and, the next day, the Senate lent

their agreement Quickly, Adams signed all the designations and

a feverish race against the clock began, in order to notify how many judges

it could. He became all night running with those errands

but, a cause of the number of appointments, those corresponding to

Marbury and his three litisconsorts will remain without being formally communicated to their recipients. The official notifier was James Marshall, Herma Clinton, Robert Lowry, "Marbury vs. Madison" and judicial review, University Press