Facts of the Case:

John Adams tried to appoint Marbury and several other guys to positions before he left office of Presidency. The appointees sued for the delivered documents to the defendant in the Supreme Court.

Issues:

1. Do the plaintiffs have a right to receive their commissions?

 2. Can they sue for their commissions in court?

 3. 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. Instead, the Court held that the provision of the Judiciary Act of 1789 enabling Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court’s original jurisdiction beyond that which Article III, Section 2, established. 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, i.e., the power to declare a law unconstitutional.