The Hypothesis of Chief Justice Marshall

Nevertheless, the Supreme Court and the district courts shall have power to appoint clerks for their respective courts, and that the clerk for each district court shall be clerk of the circuit court. Therefore, in such district each of the said clerks shall, and before entering upon the execution of hisher office, take an oath or affirmations that will upkeep the standards by which the position requires. Moreover, the act of 1789 will come into play and have great impact years later in the Marbury vs. Madison case.

In the most important judicial decision in U.S. history, the Supreme Court empowered itself to be the final authority on the legality of government activity. This shifted the balance of government power to the judiciary, upset the federalist system envisioned by the founders, and enabled federal courts consisting of unelected officials to dominate public policy through their rulings.

In 1801, just before President John Adams ended his term of office, he appointed several judges to federal positions. These appointments were called "midnight judges" because Adams made them up until the final day of his term. Among the "midnight judges" was William Marbury, w



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