Marbury V Madsion

Constitutional Law – Case Brief

Marbury v. Madison

5 U.S. (1 Cranch) 137 (1803).

Facts: Marbury was appointed as a justice of the peace in the District of Columbia by Federalist President John Adams. This was done in the last few days of Adams' term in office. The Federalist controlled Senate confirmed the appointment on March 3, 1810. When the new President, Republican Thomas Jefferson, took office a few days later, the commission had not yet been delivered. Jefferson refused to deliver the commission of Marbury, as well as the other justices that were appointed by Adams at the same time. Marbury and the other appointed justices sought a writ of mandamus (writ issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly) to compel Madison, Jefferson's Secretary of State, to deliver the commissions.

Procedural History: Marbury and the other appointed justices sought a writ of mandamus to compel Madison, Jefferson's Secretary of State, to deliver the commissions. This was filed in the U.S. Supreme Court.

Issue: Does Marbury have a right to the commission he demands?

If he has a right, and that right has been violated, do the laws of his country afford him a remedy?

If they do afford him a remedy, is it a mandamus issuing from this court?

Holding: Marbury did have a right to the commission he commanded.

The laws of the country do afford Marbury a remedy as his rights were violated.

The laws do not afford Marbury a mandamus, as his remedy, issued by the Court to direct the Secretary of State to deliver his commission.

G.P.O.L.: …when a commission has been signed by the President, the appointment is made; and that the commission complete, when the seal of the United States has been affixed to it by the Secretary of State – Page 23.

Whether the legality of an act of the head of a department be examinable in a court of justice or not,...