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Marbury and Madison

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Submitted By kelceyh123
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Case Brief: Constitutional Law

Name of case and date: Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803).
Parties: Appellant – William Marbury; Appellee – James Madison
Procedural history: The case went directly to the Supreme Court
Facts: William Marbury was one of the 42 people who President John Adams named as justices of the peace on the last night of his presidency.
Marbury included all of the documentation that he needed to be appointed as a justice of the peace. However, Secretary of state John Marshall failed to give Marbury his commission.
After Jefferson took office, he ordered his Secretary of State, James Madison, to not deliver the commission. With the power of the Judiciary act of 1789, Marbury decided to sue, asking the Supreme Court to issue a writ of mandamus in order for Madison to deliver the commission.
Issue: 1. Does the applicant have the right to commission, as he demands? 2. If he has a right, and that right has been violated, do the laws of his country afford him a remedy? 3. If they do afford him a remedy, is it a mandamus issuing from this court.
Holding: 1.Yes, Marbury has the right to the commission 2. Yes, the law grants Marbury a remedy. 3. No, the Supreme Court cannot issue a mandamus because the grant of power is unconstitutional.
Rule of law: Article III of the U.S. Constitution:
Has the power to regulate appellate jurisdiction but not original jurisdiction
Reasoning: 1) Marbury has the right to commission because the commission was signed by President Adams and sealed by Secretary of State John Marshall. 2) Because they gave Marbury the right to commission, it would be illegal to deny the commission. The law grants Marbury a remedy through a writ of mandamus. 3) In order to for the Supreme Court to issue a writ of mandamus, the Court has to be under appellate jurisdiction....

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