WALIDA AHSANA HAQUE

031411133032

(A3)

MERBURY V. MADISON
CASE SUMMARY & ANALYSIS
The case of William Merbury as Petitioner v. James Madison as
Respondet that started in 1801 and finished in 1803 was a
landamark case that has brought out the judicial review by the
Supreme Court. The cas was began when in his last day of President
John Adams administration, he appointed 42 new Justice of the
Peace of the District that were confirmed by the Senate just a day
before the New President Thomas Jeffersons inaguration. William
Merbury was one of the appointed new Justice of Peace. But in the
next day the commissions of the new Justice of Peace was never
delivered because it was detained by James Madison, President
Jeffersons Secretary of State. Then William Merbury with Charles
Lee as his attorney file a claim to the Supreme Court, appealed to
the Chief Justice to grant writ of mandamus regarding the
commissions.
The order granting the commission takes effect when the
Executives constitutional power of appointment has been exercised,
and the power has been exercised when the last act required from
the person possessing the power has been performed. The grant of
the commission to Marbury became effective when signed by
President Adams. Where a specific duty is assigned by law, and
individual rights depend upon the performance of that duty, the
individual who considers himself injured has a right to resort to the
law for a remedy. The President, by signing the commission,
appointed Marbury a justice of the peace in the District of Columbia.
The seal of the United States, affixed thereto by the Secretary of
State, is conclusive testimony of the verity of the signature, and of
the completion of the appointment. Having this legal right to the
office, he has a consequent right to the commission, a refusal to
deliver which is a plain violation of that right for which the laws of
the country afford him a remedy.
In the decision written by John Marshall , obviously the Supreme
Court confirmed that the administration of John Adams has been
doing all the requirements stipulated by law so that William Marbury
and his colleagues considered indeed entitled to their appointment
letters according to the law. However, the Supreme Court itself in its
decision stated are not authorized to order government officials to
hand over the letters in question. The Supreme Court stated that
what was requested by the plaintiff, that the Supreme Court issued
a " writ of mandamus ' as defined by Section 13 of the Judiciary Act
1789 can not be justified , because the provisions Judiciary Act itself
precisely contrary to Article III Section 2 of the US Constitution.
From the US Constitution, Supreme Court has the authority as The
Guardian of the Constitution of United State of America which

WALIDA AHSANA HAQUE

031411133032

(A3)

means that Supreme Court has the responsibility to guarantee that

the Law made by Congress does not contrary with the US
Constitution. If the Law made by Congress contradict the
Constitution, the law must be announced as null and void, or invalid.
This is the beginning of what we know this time as Judicial Review.