Marbury v. Madison case brief
Marbury V. Madison (1803)
Facts:
Congress enacted the Organic Act which authorized John Adams to appoint forty-two justices of the peace for the District of Colombia.
In the confusion of the Adams administration’s last days in office, Marshall (then Secretary of State), failed to deliver some of these commissions.
When the new administration came into office, James Madison, the new Secretary of State, acting under orders from Jefferson, refused to deliver at least five of the commissions.
William Marbury and three others were denied their commissions and therefore went directly to the Supreme Court and asked it to issue a writ of mandamus. Marbury thought he could take his case directly to the court because section 13 of the 1789 Judiciary Act gave the Court the power to issue writs of mandamus to anyone holding federal office.
Issues:
Does Marbury have a right to the commission?
Does the law grant Marbury a remedy?
Does the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional and therefore void?
Can Congress expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution?
Does the Supreme Court have original jurisdiction to issue writs of mandamus?
Holding:
Yes. Marbury has a right to the commission. The order granting the commission takes effect when the Executive’s constitutional power of appointment has been exercised, and the power has been exercised when the last act required from the person possessing the power has been performed. The grant of the commission to Marbury became effective when signed by President Adams.
Yes. The law grants Marbury a remedy.The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection. Where a specific duty is assigned by law, and individual
Facts:
Congress enacted the Organic Act which authorized John Adams to appoint forty-two justices of the peace for the District of Colombia.
In the confusion of the Adams administration’s last days in office, Marshall (then Secretary of State), failed to deliver some of these commissions.
When the new administration came into office, James Madison, the new Secretary of State, acting under orders from Jefferson, refused to deliver at least five of the commissions.
William Marbury and three others were denied their commissions and therefore went directly to the Supreme Court and asked it to issue a writ of mandamus. Marbury thought he could take his case directly to the court because section 13 of the 1789 Judiciary Act gave the Court the power to issue writs of mandamus to anyone holding federal office.
Issues:
Does Marbury have a right to the commission?
Does the law grant Marbury a remedy?
Does the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional and therefore void?
Can Congress expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution?
Does the Supreme Court have original jurisdiction to issue writs of mandamus?
Holding:
Yes. Marbury has a right to the commission. The order granting the commission takes effect when the Executive’s constitutional power of appointment has been exercised, and the power has been exercised when the last act required from the person possessing the power has been performed. The grant of the commission to Marbury became effective when signed by President Adams.
Yes. The law grants Marbury a remedy.The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection. Where a specific duty is assigned by law, and individual