Marbury v. Madison Essay

Marbury v. Madison (1803)
United States Supreme Court, 1803.
5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60
Facts
Last day sitting in office, President Adams, under the Organic Act named 16 (sixteen) new Circuit Court Justices and 42 (forty-two) Justices of the Peace for the District of Columbia. The Organic Act was created so the Federalists could take control before Thomas Jefferson became President. Secretary of State John Marshall sealed the commission that had been signed by President Adams. The commission was not delivered before President Adams expiration as President. Since they were not distributed by the end of President Adams term, President Jefferson renounced the commissions.
William Marbury was one of the forty-two (42) projected recipients of an appointment as Justice of Peace. Marbury applied to the United States Supreme Court for a writ of mandamus to compel Madison to deliver the commissions. The Judiciary Act of 1789 had granted the Supreme Court original jurisdiction to issue writs of mandamus " to any courts appointed, or persons holding office, under the authority of the United States."
Issues
Does the Supreme Court have original jurisdiction to issue writs of mandamus?
o NO.
Does the law grant Marbury a remedy?
o YES.
Does Marbury have a right to commission?
o YES.
Can the original jurisdiction be extended by Congress past what is stated in Article III in the Constitution?
o YES.
Legal Reasoning
The Judiciary Act of 1789 determined that the Act purported to give the Supreme Court original jurisdiction over writs of mandamus.
The United States Supreme Court stated that Marbury had the right to his commission in a unanimous decision.
The Judiciary Act of 1789 is unconstitutional.
In Marshall's opinion, Congress could not give the Supreme Court the authority to issue an order permitting Marbury his commission.
Holding
It must be shown to be an exercise of appellate jurisdiction. To issue a writ the officer it must be in its original jurisdiction. Principles of appellate jurisdiction is it reviews and modifies the proceedings in a cause already established, and does not create that case.
Marbury was protected by law under civil liberty. The President signed the commission. The Secretary of State sealed the commission and under law are irrefutable authentication of the signature and the close of the appointment. The laws of the country afford him a remedy. Marbury has legal right to the office.
The grant of the commission to Marbury became effective when signed by President Adams. President Adams was the last person that had power when the commission took effect.
The Constitution states that "The Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court shall have appellate jurisdiction."
Decision
Application for writ of mandamus denied. Marbury doesn't get the commission. Dismiss for want of jurisdiction.