Marbury v Madison (1803)a

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, created  new courts, add judges.

Adams 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.

Madison  was a new Secretary of State and he did not give marbury commission.

Marbury filed a writ of mandamus for the delivery of the commissions.

Issues

Do the plaintiffs have a right to receive their commissions?  Can they sue for their commissions in court?

Does the Supreme Court have the authority to order the delivery of their commissions?

Decision 

 The Court found that Madison’s refusal to deliver the commission was illegal, but did not order Madison to hand over Marbury’s commission via writ of mandamus. Because marbury want commissions under the Judiciary Act of 1789.

   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.