Because of this decision, Marshall is left with a very important question “. . . whether Marbury had a remedy for the deprivation of the right [commission]” (249). The Judiciary Act of 1789 allowed the use of writs of mandamus. The jurisdiction of the Supreme Court was limited and was not given on the cases of a mandamus. The only way the Supreme Court could use a mandamus was if the Congress gave them power where the constitution did not; or if “the action for mandamus in the Supreme Court was not in the commencement of an original proceeding but a form of appeal from the official against whom the writ was being sought”
Because of this decision, Marshall is left with a very important question “. . . whether Marbury had a remedy for the deprivation of the right [commission]” (249). The Judiciary Act of 1789 allowed the use of writs of mandamus. The jurisdiction of the Supreme Court was limited and was not given on the cases of a mandamus. The only way the Supreme Court could use a mandamus was if the Congress gave them power where the constitution did not; or if “the action for mandamus in the Supreme Court was not in the commencement of an original proceeding but a form of appeal from the official against whom the writ was being sought”