Maybury vs Madison

Posted by admin on December 17, 2017 in Articles

Ishmael Seymour
Mrs. Crutcher
GovernmentMaybury vs Madison
Marbury v. Madison, case decided in 1803 by the U.S. Supreme Court. William Marbury had been commissioned justice of the peace in the District of Columbia by President John Adams in the “midnight appointments” at the very end of his administration. When the new administration did not deliver the commission, Marbury sued James Madison, Jefferson’s Secretary of State. (At that time the Secretary of State was charged with certain domestic duties as well as with conducting foreign affairs.)
Chief Justice John Marshall held that, although Marbury was entitled to the commission, the statute that was the basis of the particular remedy sought was unconstitutional because it gave the Supreme Court authority that was implicitly denied it by Article 3 of the U.S. Constitution. The decision was the first by the Supreme Court to declare unconstitutional and void an act passed by Congress that the Court considered in violation of the Constitution. The decision established the doctrine of judicial review, which recognizes the authority of courts to declare statutes unconstitutional.
I think what the president did was illegal by refusing to deliver the commission by failing to execute the law instead he just Changed the rules to be in his favor by stating that the Supreme Court have original jurisdiction to issue writs of mandamus. When in fact 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.. No. The Supreme Court does not have original jurisdiction to issue writs of mandamus.
To enable this court then to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction.