Marbury v.

Madison
5 U.S (1 Cranch) 137 (1803) pg. 2-8
Opinion Delivered by Chief Justice Marshall
Background Reading:
A week before the end of President Adams term Congress adopted the Organic Act of the
District of Colombia which authorized the president to appoint 42 justices of the peace.
Adams made nominated approved by the Senate. John Marshall secretary of the state
signed the commissions for these individuals and sent James Marshall to deliver them.
Several were not delivered before Jeffersons inauguration. At that time Jefferson
instructed James Madison his secretary of state to withhold the undelivered commissions
Facts:
An appointment was made by the president with the consent of the senate
Delivery of the commission was denied
Procedural History:
filed suit in the US Supreme Court seeking a writ of mandamus to compel the
secretary of state to deliver the commission
Writ of mandamus: petition to a court asking it to order a government officer to perform a
duty
claimed the Judiciary Act of 1789 authorized the Supreme Court to grant mandamus in
a proceeding filed initially in the Supreme Court
The case was heard two years later (1801-1803) b/c Congress abolished June &
December terms of the Supreme Court of 02
Issue:
Does the have a right to the commission at law if this right is violated what relief is
available to him?
Does the Court have jurisdiction to offer a remedy? Is this right over jurisdiction
constitutional?
Holding:
Article III would serve no purpose if the legislature would remain to have the power to
establish the Supreme Courts original jurisdiction (in Judiciary Act of 1789). The
distribution of jurisdiction made in the constitution would have no substance/purpose
(Supreme Court is a court of limited jurisdiction)
To issue a writ of mandamus for the commission would be an original action for that
paper and fall under original jurisdiction. This is not warranted by the constitution and
specifically in Article III (Violated Article III)
Would be unlimited power where the Constitution specifically limits the power
Duty of the judicial department to say what the law is. Since they apply the rule to
particular cases, the Supreme Court is required to expound and interpret that law. When
they conflict, the court must decide on the operation of each (essence of judicial duty/
judicial review of legislative actions)
Example: Constitution says need two witnesses; Congress cannot say you only need one
Judges must take an oath, to uphold the Constitution. They therefore, must have the
present ability to do so
Constitution is mentioned first in declaring the supreme law of the land, not the laws of
the United States generally

A law that contrast with the constitution is void and the courts and other departments are
bound by that instrument
Reasoning:
The commission is conclusive evidence of the appointment, and delivery of the
commission is therefore essential (such as with a deed)
Transmission of the deed is directed by convenience, but not law. However, when it has
been made and signed by the president and an appointment made, the commission has a
seal of the United States, to withhold the commission is not warranted by law, and a
violation of legal right ( has legal right)
Other acts, such as where the legislature imposes on that officer (the president) other
duties and the rights of individuals are dependent on the performance of those acts which
his duties require, he acts as an officer of the law and does not have the same discretion
An individual whose rights are injured by non-performance of these duties he has a right
to resort to the laws for a remedy ( legal right by appointment despite no copy of
commission) Established judicial review of executive actions
The United States if governed by law, not men (does it fall within the law?)
President has certain political powers, and those decisions are at his discretion and not
reviewable and cannot be examined by the court; they do not respect individual rights
Supreme Court has a right to issue mandamus because it affects the right of individuals:
Secretary of State falls within the authority given to the Supreme Court by the Act
issues writs of mandamus in cases warranted by the principles and usages of law,
to any court appointed, or to persons holding office, under the authority of the
United States