1. Marbury v. Madison, (1803)
2. Facts: Marbury was one of the famous “midnight judges” whose commission had been signed by the Secretary of State (Marshall), but had not been delivered before the morning that Jefferson took office.
3. Procedural Posture: Marbury went directly to the Supreme Court to compel Jefferson’s Secretary of State (Madison) to deliver their commissions.
4. Issue: Whether the Supreme Court has the power to review the legislative acts of the Congress to determine their constitutionality.
5. Holding: Yes.
6. Majority Reasoning: Marshall stated that Marbury had a right to his commission once it was signed. Further, Section 13 of the Judiciary Act of 1789 gave the supreme court the right to issue a writ of mandamus against persons holding office. Thus, it would appear that Marbury has a remedy. However, Article III Section 2 of the Constitution states that the supreme court shall have original jurisdiction in cases “affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a party,” and “in all other cases,...shall have appellate jurisdiction.” Since a writ of mandamus is an original action, Section 13 of the Judiciary Act must be contrary to the constitution, because it allows the Supreme Court to hear cases of original jurisdiction for persons besides ministers, consuls and ambassadors, etc. If the constitution is the supreme will of the people to limit government, then the legislature can not alter it at will. Thus, the legislature can not be allowed to pass laws repugnant to the constitution. Since it is the Supreme Court’s role to interpret laws and resolve conflicts between competing laws, and the Constitution is the supreme law of the land, then the Supreme Court has the power to interpret the Constitution and decide if a law passed conflicts with it.
