Fact:-
>Thomas
Jefferson defeated John Adams in the 1800 presidential election. Before
Jefferson took office on March 4, 1801, Adams and Congress passed the Judiciary
Act of 1801,
>which created new courts, added judges, and gave the president
more control over appointment of judges.
>The Act was essentially an attempt by
Adams and his party to frustrate his successor, as he used the act to appoint
16 new circuit judges and 42 new justices of the peace.
>The appointees were
approved by the Senate, but they would not be valid until their commissions
were delivered by the Secretary of State.
>William Marbury had been appointed
Justice of the Peace in the District of Columbia, but his commission was not
delivered.
>Marbury petitioned the Supreme Court to compel the new Secretary of
State, James Madison, to deliver the documents.
>Marbury, joined by three other
similarly situated appointees, petitioned for a writ of mandamus compelling the
delivery of the commissions.
Issues:-
1. Does Marbury have a right to the commission?
2. Does the law grant Marbury a remedy? 3. Does the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional and therefore void?
4. Can Congress expand the scope of the Supreme Court's original jurisdiction beyond what is specified in Article III of the Constitution?
5. Does the Supreme Court have original jurisdiction to issue writs of mandamus?
Decision:-
Marshall expanded that a writ of mandamus was the proper way to seek a remedy, but concluded the Court could not issue it. Marshall reasoned that the Judiciary Act of 1789 conflicted with the Constitution. Congress did not have power to modify the Constitution through regular legislation because Supremacy Clause places the Constitution before the laws.
In so holding, Marshall established the principle of judicial review, the power to declare a law unconstitutional.