Marbury V Madison

448 Words2 Pages
Title and Citation: Marbury v. Madison, 5 U.S. 137 (1803) Facts: On his last day in office, President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia under the Organic Act Including Marbury. The Organic act is an act by congress that establishes an agency or group to manage federal lands. The act as enforced in 1801 giving Washington D.C the responsibility to manage congress. Some say it was an attempt to take the federal judiciary before Thomas Jefferson took office. The commissions were signed by President Adams and sealed by Secretary of State John Marshall. However the commissions weren’t delivered before Adams term ended. Therefore, Thomas Jefferson refused to honor the commissions. The Appellant, William Marbury went before the Supreme Court for a writ of Mandamus to compel Jefferson’s secretary of state, James Madison (D), to deliver the commissions. Procedural History: William Marbury and other justice of the peace nominees filed a suit to the Judiciary Act of 1792 directly with the Supreme Court of the United States seeking a writ of mandamus from the Court that would require Secretary of State James Madison to deliver their commissions as others signed by the President. Issue Presented: The legal issue is whether the Supreme Court is allowed to issue a writ of mandamus to Madison requiring him to deliver the Justice of peace commissions. Does Marbury have the right to his commission? Does the United States Supreme Courts have jurisdiction to issue writs of Mandamus, to public officials? Holding: Marbury isn’t required to a writ of mandamus because under congressional procedures it must be done within the term of the approved president. Marbury has the right to his commission. Therefore the United States Supreme Court does not have the power for writ of mandamus to public officials
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