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Marbury v Madison 5 US 137 SCt 1803 FactsPresident Adams appointed William Marbury to the position of justice of the peace in 1801 However Marbury failed to receive his commission before the end of the Adams Administration The new Jefferson administration had ordered the secretary of state James Madison not to deliver Marburys commission By the Judiciary Act of 1789 Marbury sued Madison in the Supreme Court seeking a writ of mandamus forcing Madison to deliver Marburys commission Issues 1 Whether Marbury has a right to his commission 2 Whether the law supplies a way to realize this right 3 Whether the Supreme Court can lawfully issue a writ of mandamus to Madison Holding 1 Yes 2 Yes 3 No Reasoning Marshal 6-0 court 1 Marbury does have legal right to his commission because it was issued by the President and sealed by the Secretary of State This is confirmed by the act of 1801 when Marburys position in office was created and confirmed by the senate 2 Once Marbury was appointed to office the position was signed and sealed thus completing the appointment process Denial of commission then becomes a violation of the law It is not in the Presidents discretionary power to deny this commission Thus a remedy may be realized in the form of a writ of mandamus 3 Issuing a writ of mandamus would be in conflict with original and appellate jurisdiction The writ of mandamus demands an original action by a court of law forcing an officer of the government to perform some specific duty However Article III section 2 of the Constitution limits the Supreme Courts jurisdiction to cases concerning foreign ambassadors other public ministers and consuls and to cases in which the state is a party Neither Marbary nor Madison are a party to any of those categories Significance This case is significant because it is the
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