20

Marbury v Madison 1803

I. Facts: Adams prior to expiration of term as
president nominated Marbury among others as
justice of the Peace in D.C. Senate approved
appointments and commissions were signed by
president and seal in due form was affixed by
Sec of State. There was then a change in
administration and New Sec of State was James
Madison.Madison withheld appointment. Marbury
requested mandamus from USSC under Judiciary
Act of 1789.

II. Questions: Whether Marbury was entitled to
commission.
Whether USSC had power to issue
mandamus to public official as court of
original jurisdiction.

III. Held: Marbury entitled to commission from
facts.
However that part of the judiciary
Act of 1789 establishing judicial courts
which gives supreme court power to issue
writs of mandamus ( thus entertaining the
cause as a court of original jurisdiction)
was not warranted by the constitution and
the jurisdiction could not be exercised.

IV. Reasoning: Const Art III Sec II declared that
in distribution of judicial power the supreme
court shall have original jurisdiction in all
cases affecting ambassadors, other public mini—
sters and consuls and those in which a state
shall be a party. In all other cases the Supreme
court shall have appellate jurisdiction." If it
had been intended to leave it at the discretion
of the legislature to apportion the judicial
power between the supreme and inferior courts
according to the will of that body it would have
certainly been useless to have proceeded further
than to have defined the judicial power and the
tribunals in which it should be vested. It
cannot be presumed that any clause in the
constitution intended to be without effect and
therefore such a construction is inadmissable
unless the words require it.
and in dicta