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Marbury v Madison 1 Cranch 5 US 137 1803 TRAVEL The case was filed in the Supreme Court therefore having original jurisdiction FACTS Marbury was given the commission appointing him to the Justice of the Peace by Adams the night before Jefferson was to take over the presidency however the commission was never delivered to him The following day Jefferson instructed Madison the new Secretary of State to do nothing with the commission Marshall was ordered to show the reasons was Marburys commission was never delivered to him Madison never showed up to the hearing ISSUE There are three issues concerning the case of Marbury v Madison 1Does Marbury have the right to the Commission 2Does Marbury have the right of a remedy 3Does the court have the power to issue this remedy HOLDING 1 Yes Marbury has the right to his commission 2Yes Marbury has a right to a remedy of this problem 3No The Supreme Court does not have the power to grant this remedy RATIONALE 1 Marburys right to his commission is established by the Act of 1801 creating the office to which he was appointed to and by his nomination confirmation by the Senate and the signature and seal on his commission Failure to deliver does not dissolve his right to occupy the office 2The Secretary of States role is prescribed by statute and not subject to presidential direction 3The remedy by which Marbury seeks from the Supreme Court is a write of mandamus This power was granted by section 13 of the Judiciary Act of 1789 However it is in conflict with the difference between original and appellate jurisdiction in Article III section 2 of the Constitution The Judiciary Act of 1789 grants the Supreme Court the ability to issue writs of mandamus to officers of the federal government However Article III states that the Supreme Courts original jurisdiction is restricted to
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