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    Marbury Vs Madison

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    William Marbury sued James Madison to receive his judicial commission after newly elected President Thomas Jefferson refused to deliver remaining commissions from the previous administration. The Supreme Court ruled that while Marbury was entitled to his commission, the court did not have original jurisdiction to directly issue a writ of mandamus compelling Madison. This established the precedent of judicial review, giving the Supreme Court the power to declare laws unconstitutional.

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    Marbury Vs Madison

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    William Marbury sued James Madison to receive his judicial commission after newly elected President Thomas Jefferson refused to deliver remaining commissions from the previous administration. The Supreme Court ruled that while Marbury was entitled to his commission, the court did not have original jurisdiction to directly issue a writ of mandamus compelling Madison. This established the precedent of judicial review, giving the Supreme Court the power to declare laws unconstitutional.

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    Statcon Constitution

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    Marbury vs Madison

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    William Marbury sued James Madison to receive his judicial commission after newly elected President Thomas Jefferson refused to deliver remaining commissions from the previous administration. The Supreme Court ruled that while Marbury was entitled to his commission, the court did not have original jurisdiction to directly issue a writ of mandamus compelling Madison. This established the precedent of judicial review, giving the Supreme Court the power to declare laws unconstitutional.

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    46 views2 pages

    Marbury Vs Madison

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    William Marbury sued James Madison to receive his judicial commission after newly elected President Thomas Jefferson refused to deliver remaining commissions from the previous administration. The Supreme Court ruled that while Marbury was entitled to his commission, the court did not have original jurisdiction to directly issue a writ of mandamus compelling Madison. This established the precedent of judicial review, giving the Supreme Court the power to declare laws unconstitutional.

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    William Marbury v.

    James Madison
    Facts :
    1. Thomas Jefferson defeated President John Adams. However,
    before the assumption of Jefferson Congress passed the
    Judiciary Act of 1801 ( Organic Act ) which modified the
    Judiciary Act of 1789 establishing ten (10) new district
    courts, expanding the number of circuit courts from three
    to six, and adding additional judges to each circuit, giving the
    President the authority to appoint Federal judges and
    justices of the peace. Said act also reduced the number of
    Supreme Court justices from six to five.
    2. Just before his term ended, on March 3, 1801, by virtue of the
    Judiciary Act of 1801, Adams appointed 16 Federalist circuit
    judges and 42 Federalist justices of the peace. One of these “
    Midnight Judges “ was William Marbury, who was appointed
    as Justice of the Peace in the District of Columbia. "
    3. The appointments were altogether approved by Senate on the
    following day but the commissions had to be delivered to the
    appointees to formally take effect.
    4. The commission was sealed the commissions but being unable
    to deliver all commissions, although properly approved.
    5. As Jefferson was sworn into office on March 4, 1801, he
    ordered the Attorney General and acting Secretary of State not
    to deliver the remaining appointments.
    6. Jefferson refused to honor said commissions. In Jefferson's
    opinion, the undelivered commissions, not having been
    delivered on time, were void.
    7. Displeased, Petitioner William Marbury applied a writ of
    mandamus directly to the Supreme Court invoking that
    Jefferson’s Secretary of State, herein defendant James
    Madison, to effect delivery of the commissions. Under the
    Judiciary Act of 1783, the Supreme Court had jurisdiction to
    issue writs of mandamus to any courts appointed, or persons
    holding office, under the authority of the United States.”

    Issue:

    Whether or not invoking a writ of mandamus from the


    Supreme Court was the correct legal remedy for the petitioner?
    No. The writ of mandamus is not the proper legal
    remedy?

    Section 13 Judiciary Act of 1783, which give the


    Supreme Court had jurisdiction to issue writs of mandamus to
    any courts appointed, or persons holding office, under the
    authority of the United States is contrary to Article III of the US
    Constitution.

    Under the Article III of the US Constitution, "The


    Supreme Court shall have original jurisdiction in all cases
    affecting ambassadors, other public ministers and consuls, and
    those in which a state shall be a party. In all other cases, the
    Supreme Court shall have appellate jurisdiction."

    All those who have framed written Constitutions


    contemplate them as forming the fundamental and paramount law
    of the nation, and consequently the theory of every such
    government must be that an act of the Legislature repugnant to
    the Constitution is void.

    It is emphatically the province and duty of the Judicial


    Department to say what the law is. Those who apply the rule to
    particular cases must, of necessity, expound and interpret that
    rule. If two laws conflict with each other, the Courts must decide
    on the operation of each.

    To render the mandamus a proper remedy, the officer to


    whom it is to be directed must be one to whom, on legal principles,
    such writ may be directed, and the person applying for it must be
    without any other specific and legal remedy.

    Marbury’s petition was denied.

    Doctrine :
    The case established the constitution as "Supreme law" of the
    United States.
    It established the precedent for the Supreme Court to rule on
    the constitutionality of laws, through the principle of judicial
    review.

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