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Brief Fact Summary.

William Marbury (Marbury), an end-of-term appointee of President John Adams


(President Adams) to a justice of the peace position in the District of Columbia, brought suit against
President Thomas Jeffersons (President Jefferson) Secretary of State, James Madison, seeking delivery
of his commission.

Synopsis of Rule of Law. The Supreme Court of the United States (Supreme Court) has constitutional
authority to review executive actions and legislative acts. The Supreme Court has limited jurisdiction, the
bounds of which are set by the United States Constitution (Constitution), which may not be enlarged by
the Congress.

Facts. Before the inauguration of President Jefferson, outgoing President Adams attempted to secure
Federalist control of the judiciary by creating new judgeships and filling them with Federalist appointees.
Included in these efforts was the nomination by President Adams, under the Organic Act of the District of
Columbia (the District), of 42 new justices of the peace for the District, which were confirmed by the
Senate the day before President Jeffersons inauguration. A few of the commissions, including Marburys,
were undelivered when President Jefferson took office. The new president instructed Secretary of State
James Madison to withhold delivery of the commissions. Marbury sought mandamus in the Supreme
Court, requiring James Madison to deliver his commission.

Issue. Is Marbury entitled to mandamus from the Supreme Court?

Held. No. Case dismissed for want of jurisdiction.


As the President signed Marburys commission after his confirmation, the appointment has been made,
and Marbury has a right to the commission. Given that the law imposed a duty on the office of the
president to deliver Marburys commission, that the Supreme Court has the power to review executive
actions when the executive acts as an officer of the law and the nature of the writ of mandamus to direct
an officer of the government to do a particular thing therein specified, mandamus is the appropriate
remedy, if available to the Supreme Court.
To issue mandamus to the Secretary of State really is to sustain an original action, which is (in this case)
outside the constitutional limits of jurisdiction imposed on the Supreme Court.

Discussion. The importance of Marbury v. Madison is both political and legal. Although the case
establishes the traditions of judicial review and a litigable constitution on which the remainder of
constitutional law rests, it also transformed the Supreme Court from an incongruous institution to an
equipotent head of a branch of the federal government.

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