writ of mandamus

Examples of writ of mandamus in the following topics:

• The Last Days of the Federal Presidency: The Midnight Judges

  • Marbury sued and demanded that the Supreme Court issue a writ of mandamus (a power given by the Judiciary Act of 1789) that would compel Jefferson to accept these appointments.
  • Chief Justice Marshall ruled that the Constitution did not grant the Supreme Court power to issue such writs.
  • However, Marshall had established the foundational concept of judicial review—the power of the Supreme Court to rule on the constitutionality of congressional legislation and presidential acts.
  • Essentially, the decision handed down by Marshall strengthened the power of the federal judiciary and permanently cemented its fundamental role in shaping both state and federal law—expanding the powers of the national government and ensuring a permanent Federalist legacy in the separation of federal powers.
  • Therefore, although Federalist party quietly dissolved in the early nineteenth century, judicial review established an enduring legacy of the Federalist vision of government that continues to guide the federal system.

• Marbury v. Madison

  • Supreme Court decision in which the Court established the basis for the exercise of judicial review in the United States under Article III of the Constitution.
  • Marbury was one of the "midnight judges" appointed by Adams after he'd lost the election of 1800, but prior to the actual inauguration of Thomas Jefferson.
  • The Court, with John Marshall as Chief Justice, found that Marbury did have a right to his appointment, and that the Judiciary Act of 1789 provided him with a remedy, caled a writ of mandamus.
  • Madison, refers to the establishment of the principle of judicial review.
  • Describe the shape of the boundary that Marbury v.

• Court Decisions and Civil Rights

  • It targeted the exclusion of blacks from the University of Maryland law school.
  • Board of Education in 1954.
  • It's the moral commitment stated in our country's creed. " The circuit court judge issued a writ of mandamus ordering Raymond A.
  • The decision of the Court of Appeals was never taken to the U.S.
  • Board of Education mandated desegregation across the whole of the United States.

• The Expansion of the Federal Government

  • Marshall's Court shaped the new nation with its interpretation of the Constitution and the establishing of a number of early legal precedents that helped to better define the role and function of the federal government.
  • Ogden, both of which broadly expanded the power and supremacy of the national government.
  • The Court, with Marshall as chief justice, found that Marbury did have a right to his appointment, and that the Judiciary Act of 1789 provided him with a remedy known as a writ of mandamus.
  • The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland.
  • James William McCulloch was the head of the Baltimore branch of the Second Bank of the United States.

• Confederate Politics

  • Vance of North Carolina, a powerful advocate of states' rights, frequently opposed Davis.
  • North Carolina was also the only state to observe the right of habeas corpus during the war.
  • Throughout the war, Stephens denounced many of the President's policies, including conscription, suspension of the writ of habeas corpus, impressment, various financial and taxation policies, and Davis' military strategy.
  • The lack of a functioning two-party system prevented the formulation of any effective alternatives to the conduct of the war by the Davis administration.
  • Zebulon Vance, Governor of North Carolina, challenged the central Confederate government.

• The Whiskey Rebellion

  • Resistance came to a climax in July 1794, when a U.S. marshal arrived in western Pennsylvania to serve writs to distillers who had not paid the tax.
  • Under the law then in effect, distillers who received these writs would be obligated to travel to Philadelphia to appear in federal court.
  • The cabinet recommended the use of force, except for Secretary of State Edmund Randolph, who urged reconciliation.
  • Washington and Hamilton believed that the Whiskey Rebellions proved that the pro-French, radical Democratic-Republican Societies, which had been formed throughout the country in the wake of the French Revolution were the source of such civic unrest and were manipulating mobs of people to rebel against federal authority.
  • An 1880 illustration of a tarred and feathered tax collector being made to ride the rail.

• The Mormon Exodus

  • The Mormon exodus of 1846-47 was a large migration of members of the Church of Latter Day Saints from their home in Illinois to Salt Lake Valley, Utah.
  • The Mormon Trail was the 1,300 mile route that members of The Church of Jesus Christ of Latter-Day Saints, also known as the Mormon pioneers, traveled from 1846 to 1868.
  • Rigdon was released on a writ of habeas corpus and made his way to Illinois, where he joined the main body of Mormon refugees in 1839.
  • Two of the handcart companies, led by James G.
  • This major undertaking was a significant test of leadership capability and the existing administrative network of the recently restructured Church.

• The Burr Conspiracy

  • The Burr Conspiracy of 1807 was a suspected act of treason among planters, politicians, and army officers led by former U.S.
  • In 1805, Burr conceived plans to emigrate out of the United States, which he claimed was for the purpose of taking possession of land in the Texas Territory leased to him by the Spanish.
  • The Governor of Ohio grew suspicious of the activity there and ordered the state militia to raid the island and seize all supplies.
  • Burr's trial brought into question the ideas of executive privilege, state secrets privilege, and the independence of the executive branch of government.
  • He insisted that all relevant papers had been made available and that he was not subject to this writ because he held executive privilege.

• The Underground Railroad

  • Thus, many Northerners who would have otherwise been able and content to ignore the persistence of slavery in the South chafed under what they saw as a national sanction on slavery, comprising one of the primary grievances of the Union cause during the Civil War.
  • It was figuratively "underground" in the sense of being a covert form of resistance.
  • To reduce the risk of infiltration, many people associated with the Underground Railroad knew only their part of the operation and little to nothing of the whole scheme.
  • Due to the risk of discovery, information about routes and safe havens was passed along by word of mouth.
  • The marshal or private slave catcher needed only to swear an oath to acquire a writ of replevin for the return of property.