D'Arco v. United States

This unusual case revisits Marbury v. Madison, 1 Cranch (5 U.S.) 137 (1803) — not the magisterial close of Chief *813Justice Marshall’s opinion declaring the judiciary’s power to hold legislation invalid for infringement of the Constitution, but the lesser-known opening section (on which the Chief Justice lavished many moré words) establishing that William Marbury had been duly appointed by President John Adams a justice of the peace for the county of Washington, in the District of Columbia, even though his commission had been held back by President Jefferson. Like Mr. Marbury, the present…