Marbury vs Madison case, 1803

Facts:-

> Thomas Jafferon defeated John Adams in presidential elections of 1800.

> Before the Jafferon could have formally entered office, Adam and Congress passed an Act, Judiciary Act,1801, just one day prior to oath. This Act created many new courts and required appointments of new judges.

> He passed the Act to frustrate his successor, Jafferon. 

> All these appointments were approved from Senate. 

>It was necessary for final appointments that all these appointees should be delivered their Commissions from secretary of state.

>At the time secretary of state was James Madison who was ordered by Jafferon to not deliver commissions.

> Madison refused to deliver the comissions.

> One of the person among the appointees was William Marbury, of whom commision was also not delivered by Madison.

> Marbury filed writ of mandamus in Supreme court of U.S.A.

Issue

(1) Do the petitioner have the right to recieve comission?

(2) Can they sue for delivery of commission?

(3) Does the SC have authority to order delivery of commission?

Decision of Supreme Courts:

>Madision's resusal of delivery of commission is illegal but court didn't ordered for delivery.

>Supreme court wrote in its judgement that Judiciary Act, 1789, through which Marbury has filed writ of mandamus, is against the constitution and Congress do not have the power to legislate against the constitution in its regular legislation, hence Judiciary Act, 1789 is void.