Marbury Brief

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

February 1803

U.S. Supreme Court

Facts:

William Marbury was appointed by President Adams as Justice of the Peace of Washington DC. President Adams' Secretary of State, John Marshall, failed to deliver the necessary documents to commission Marbury and several others. When President Thomas Jefferson assumed the Presidency, he ordered his Secretary of State, James Madison, not to deliver the commission documents for Marbury and the others. Under the authority of the Judiciary Act of 1789, Marbury petitioned the Supreme Court asking the Court to issue a writ of mandamus forcing Madison to issue the commission documents to Marbury and the other appointed Justices of the Peace.

Issues:

The issues before the court were 1) Do Marbury and the other petitioners have a right to the commission that they are petitioning for? 2) If he has a right, do the laws of the US afford him a remedy to his request? 3)If they do afford him a remedy, is it a writ of mandamus from the Supreme Court?

Decision:

1)Yes 2)Yes 3)No

Reason:

1)Because Marbury and the other petitioners' commission were signed by President and sealed by the Secretary of State, they do have a legal right to the commission.

2) The court also determined that since Marbury and the petitioners did have a right to their commissions, a refusal to deliver these commissions is a violation of the law and the law does indeed afford him a remedy (writ of mandamus).

3) The court decided that Marbury cannot receive a writ of mandamus from the court. The US Constitution provides the Supreme Court with the right to regulate appellate jurisdiction, but not

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