Marbury v. Madison Case Brief (includes reflection)

Good Essays
Marbury v. Madison 5 U.S. (1 Cranch) 137 (1803)FactsMarbury was commissioned to serve as a judge by former president John Adam. The former Secretary of State and the present Chief Justice John Marshall failed to deliver the commission before President Thomas Jefferson started his term. The current Secretary of State, James Madison, under Jeffersons orders, did not deliver the commission. Marbury applied for a writ of mandamus to force Madison to deliver said commission. HoldingMarburys application for a writ of mandamus was rejected because the Judiciary Act of 1789, the law on which his application was based, was found by the Marshall Court to be unconstitutional.

ReasoningThe holding was derived from several reasons.

The court first contemplated whether Marbury has a right to the commission that he wants delivered to him. The Marshall Court established that, since his commission is for a legal position, and not for a political one, the Executive branch does not have the power to terminate it without violating his vested right to the position. As his right has indeed been violated, the court decided that the laws of the United States and judicial system need to provide him a solution it is the duty of the judicial branch to do so. The court also states that since an officer has indeed infringed up on the right of an individual, a mandamus is a valid remedy to consider.

However, the Marshall Court found that the Act on which this request is based on, Section 13 of the Judiciary Act of 1789, is in conflict with Article 3, Section 2 of the US Constitution. Section 13 increased the Supreme Courts power, giving it the right to issue writs of mandamus in appellate and original cases, whereas the Constitution stated that the Supreme Court has original jurisdiction only for cases affected ministers, ambassadors, and consuls. Section 13 does indeed justify the granting of a writ, but Article3 Section 2 does not, as Marbury does not belong to any of the groups mentioned

You May Also Find These Documents Helpful

  • Good Essays

    Marbury V. Madison (1803) Facts: Congress enacted the Organic Act which authorized John Adams to appoint forty-two justices of the peace for the District of Colombia. In the confusion of the Adams administration’s last days in office, Marshall (then Secretary of State), failed to deliver some of these commissions. When the new administration came into office, James Madison, the new Secretary of State, acting under orders from Jefferson, refused to deliver at least five of the commissions. William…

    • 1131 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Marbury v. Madison brief

    • 373 Words
    • 2 Pages

    WILLIAM MARBURY V. JAMES MADISON, SECRETARY OF STATE OF THE UNITED STATES 1803 5 U.S. 137, U.S. Supreme Court, 11-24 Feb. 1803 Facts: The PETITIONER, William Marbury, was appointed by outgoing president of the United States John Adams as Justice of the Peace in the District of Columbia. Thomas Jefferson, the newly elected president ordered not to deliver commissions to newly appointed judges, including the PETITIONER, making him unable to assume office. PETITIONER asked the Supreme Court to issue…

    • 373 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Case Brief Summary: Marbury v. Madison Robert L. Broadwater PAD 525 Strayer University Dr. O’Neal July 09, 2012 Summary of Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803). Facts The incumbent president Federalist John Adams was defeat in the presidential election by Democratic-Republican Thomas Jefferson. The day before leaving office, President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia. This was…

    • 1102 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Marbury V Madison

    • 1355 Words
    • 6 Pages

    Marbury v. Madison (1803) Marbury v. Madison has been hailed as one of the most significant cases that the Supreme Court has ruled upon. In this paper, I will explain the origins and background in the case, discuss the major Constitutional issues it raised, and outline the major points of the courts decision. I will also explain the significance of this key decision. Origins and background of the case In the late 1700 's, John Adams was President. Adams was a member of the Federalist…

    • 1355 Words
    • 6 Pages
    Better Essays
  • Better Essays

    there is to know about judicial review. So when it comes to the case of Marbury V. Madison I knew the basics of the case but I did not know the reasons and all the facts. When I picked this case it was out of confusion behind the events that gave the Supreme Court its powers. Through examining the legal, environmental and personal perspective of the case we can get to the bottom of why they ruled way they did. The Marbury v. Madison case was the first of its kind because it was questioning who had…

    • 1404 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Marbury V. Madison

    • 18680 Words
    • 75 Pages

    the United States William MARBURY v. James MADISON, Secretary of State of the United States. Feb. 1803. West Headnotes Action 13 2 250k3 Existence and Adequacy of Other Remedy in General 250k3(2) Remedy at Law 250k3(4) k. Acts and Proceedings of Public Officers and Boards and Municipalities in General. Most Cited Cases Mandamus 250 63 13 Action 13I Grounds and Conditions Precedent 13k2 k. Acts or Omissions Constituting Causes of Action in General. Most Cited Cases Where there is a legal right…

    • 18680 Words
    • 75 Pages
    Good Essays
  • Satisfactory Essays

    Marbury V. Madison

    • 266 Words
    • 2 Pages

    Marbury v. Madison is viewed as the most important case in the U.S. Supreme Court history. The important constitutional principle that was established by U.S. Supreme Court, was to use the idea of “Judicial Review”, which is the power of federal courts to void acts of Congress in conflict with the Constitution. Under Justice Marshall, the court began its ascent as equal in power to the congress and president. Jefferson as the new president, did not want appointees from the opposing party taking the…

    • 266 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Marbury V. Madison

    • 942 Words
    • 4 Pages

    Josh Mason Ms. Neagle Civics/per. 3 5 February, 2013 Marbury v. Madison Marbury v. Madison was a very influential Supreme Court case in the history of the United States. Marbury v. Madison was a United States Supreme Court case in which the Court formed the basis for the exercise of judicial review. This happened under Article III in the Constitution. The court case helped to make a boundary between the executive and judicial branches of the American form of government. In the final days of…

    • 942 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Marbury v. Madison

    • 738 Words
    • 3 Pages

    Marbury v. Madison On President John Adam’s last day in office, March 4 he appointed forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia as an attempt by the federalists to take control of the judiciary before Thomas Jefferson took office. The commissions were signed and sealed by President Adams, but they were not delivered before the expiration of Adams’s presidency. Jefferson, the president succeeding Adams, refused to uphold the new judicial…

    • 738 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Marbury v. Madison

    • 1386 Words
    • 5 Pages

    �PAGE � Marbury v. Madison Introduction The case "Marbury v. Madison began on March, 1801, when a Proponent, William Marbury, was assigned as a magistrate in the District of Columbia. William Marbury and various others were constituted to government posts made by United States Congress in the last days of President John Adams's administration; merely these eleventh hour appointments were never completely nailed down. The dissatisfied appointees raised an act of US Congress and litigated for their…

    • 1386 Words
    • 5 Pages
    Better Essays