preview

Marbury V. Madison (1803) 5 US 137: Case Study

Decent Essays

Case: Marbury v. Madison, (1803) 5 US 137 Facts: The plaintiff (Marbury) was denied his commission by Secretary of State (Madison), so he went to the Supreme Court in order to obtain his commission (under the Judiciary Act of 1789) (Marbury v. Madison, 5 U.S. 137 (1803). There was no Lower Court decision because Marbury could go straight to the Supreme Court in this type of situation. Issue: Does the plaintiff have the right to get his commission? Id. at 2. Does the US allow for legal reparation, if denied the right, and was he given one to begin? Id. at 2. Is granting a writ of mandamus within the Supreme Courts jurisdiction? Id. at 2. Holding: Yes, the plaintiff does have a right to commission because the president signed his commission and with that being signed, Marbury has the legal right to his commission. Id. at 9. Yes, denying him the commission basically denied his civil …show more content…

at 2.), and the President signed off on assigning Marbury his justiceship, he (Marbury) is given the right to have his commission given to him. Id. at 5. It was found in the constitution that if a higher official did not give what was rightfully another’s then his “civil liberties” have been violated, and he has the right to claim what he has not been given thus far. Id. at 10. Where jurisdiction comes into play, is where it tells if the Court can be given the power to grant a writ of mandamus. The wording is explicitly stated telling, which actions the Court has the jurisdiction to hear first, before the lower courts. The Court must have appellate jurisdiction in order to give out writs of mandamus. Id. at 18. Nothing can change idea because it is bound within the Constitution, and what is not explicitly stated in the Constitution itself cannot be altered. Id. at 18-19. Therefore, not having appellate jurisdiction does not give him the right to explicitly obtain the commission. Id. at

Get Access