1. The legal issue(s)
There are three primary legal issues. (1) Is Madison entitled to receive his commission? (2) Can the requested legal order be granted by US courts? (3) Does the Supreme Court have the right to issue the delivery …show more content…
(2) Yes, courts are able to grant remedies.
(3) No, the Supreme Court does not have the authority to grant this legal order.
3. The reasoning of the majority opinion
Written by Chief Justice John Marshall, the majority ruled that while Marbury was entitled to receive his commission and that courts are able to grant remedies, the Supreme Court did not have the right to grant the plaintiff his legal order. The reasoning behind this was that Marbury’s request was based on a law passed by Congress that the Court deemed unconstitutional (Section 13 of the Judiciary Act of 1789). The Court then stated that when the Constitution and the law conflict, it is the Supreme Court’s duty to uphold the law of the land and rule in unity with the Constitution.
4. The reasoning of any significant concurring or dissenting opinions
The majority opinion was unanimous.
5. Analysis and