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Constitutional Law Keyed to Maggs
Marbury v. Madison
Citation:
5 U.S. 137 (1803)Facts
William Marbury was appointed justice of the peace for the District of Columbia by President John Adams in the final days of his administration. The appointment was confirmed by the Senate, and President Adams signed the commission. The Secretary of State affixed the seal of the United States to the commission, completing all formal requirements. However, the commission was not delivered to Marbury before President Jefferson took office. The new Secretary of State, James Madison, under President Jefferson’s direction, refused to deliver the commission. Marbury sought a writ of mandamus from the Supreme Court to compel Madison to deliver the commission, relying on Section 13 of the Judiciary Act of 1789, which purported to give the Supreme Court original jurisdiction to issue such writs.
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