Legal Question in Appeals and Writs in Iowa

Marbury v. Madison

I can't really answer your question, but you might be interested in a bill in the Washington House that seeks to restore the balance of powers between branches of the government. It is SHB 2060 by Rep. Lambert at http://www.leg.wa.gov/cgi-bin/print_hit_bold.pl/pub/billinfo/house/2050-2074/2060-s_030797

It includes the following quote from Thomas Jefferson:

I have long wished for a proper occasion to have the gratuitous opinion in Marbury v. Madison brought before the public, and denounced as not law....the doctrines of that case were given extrajudicially and against law...."

Marbury vs. Madison

No, Marbury did not ever get his comission as a judge. For further information, there is an excellent book on American legal history called "Law and American History" by Presser and Zainaldin. It goes into detail regarding the background of the Marbury case and other similar aspects of major court cases that have helped to shape American history. Although this book is mainly used as a textbook in law schools, it is very easy to read, and most major public libraries should have it (or be able to get it through inter-library loan). If there is any other info I can give you regarding this matter, feel free to contact me.