Marbury Vs Madison Case Brief Summary

Marbury v. Madison, 5 U.S. 137 (1803)

Facts: John Adams named 42 justices of the peace and 16 new circuit court justices for the district of columbia beneath the Organic Act. The commissions were signed and sealed by acting secretary of state John Marshall, but they weren’t delivered by the end of the day. Thomas Jefferson denied delivering the commissions. He claimed that they were unacceptable due to the fact that they were not delivered by the end of Adams’ term. William Marbury was an intended recipient for an appointment as justice of the peace. Marbury applied directly to the U.S. Supreme Court for a writ of mandamus to constrain Jefferson’s James Madison, secretary of state, delivered the commissions. The Judiciary Act of 1783 had allowed the Supreme Court original jurisdiction, to issue writs of mandamus.

Issues: 1) Whether the law is that the Supreme Court has the right to review acts …show more content…
2) Whether the law is that Congress extended the scope of the Supreme Court’s original jurisdiction beyond what is indicated in Article III of the Constitution by passing the Judiciary Act of 1789?
3) Whether the law is that the Supreme Court has original jurisdiction to issue writs of mandamus?

Rule of Law:
1) The law is that the Supreme Court has the power to review acts of Congress and regulate whether they are unconstitutional and therefore void.
2) The law is that Congress cannot develop the scope of the Supreme Court’s original jurisdiction beyond what is indicated in Article III of the Constitution.
3) The law is that the Supreme Court does not have original jurisdiction to issue writs of mandamus. Rationale/Reasoning: It is decisively the duty of the Judicial Department to say

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Marbury Vs Madison Case Brief Summary