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Supreme Court Opinion Brief: Marbury v. Madison (1803)

Circumstances that triggered: Marbury was appointed to Justice of the Peace by

Pres. John Adams, but never received his commission from the Secretary of State. Following the election of Pres. Thomas Jefferson, new Secretary of State John Madison did not deliver the commission, and Marbury was effectively never given his title. Marbury asks Supreme Court to “force” Madison to award commission with a writ of mandamus.

Statute or action that triggered dispute: Section 13 of the 1789 Judiciary Act.

Provision of the Constitution?: No bill of attainder or ex post facto law shall be passed.

Basic legal question: Whether an act that is in conflict with the constitution can become the law of the land.

Outcome of dispute: Marbury lost the case.

Reasoning: Though Marbury may have been legally entitled to the commission, the Court could not force the executive branch to award it, as that would be an encroachment of powers.

Legal, doctrine standards, or policy: Case establishes original jurisdiction. If the Court wants to hear something, they can. Also confirms the process of judicial review. Also stands as an example of checks and balances, as the Supreme Court cannot “force” the executive branch to carry out it’s duties.

Other views: This case may have served to solidify the ability of the Supreme Court to override a law in the case that it is deemed unconstitutional, but scholars would argue that this Opinion served as “a political pamphlet designed to irritate an enemy [Jefferson] to the very limit of endurance”.