Marbury_V._Madison_Brief

Marbury V. Madison Brief Marbury v. Madison 1 Cranch (5 U.S.) 137 (1803) TRAVEL: The case was filed in the Supreme Court, therefore having original jurisdiction. FACTS: Marbury was given the commission appointing him to the Justice of the Peace by Adams the night before Jefferson was to take over the presidency; however, the commission was never delivered to him. The following day, Jefferson instructed Madison (the new Secretary of State) to do nothing with the commission. Marshall was ordered to show the reason(s) was Marbury’s commission was never delivered to him. Madison never showed up to the hearing. ISSUE: There are three issues concerning the case of Marbury v. Madison. 1. Does Marbury have the right to the Commission' 2. Does Marbury have the right of a remedy' 3. Does the court have the power to issue this remedy' HOLDING: 1. Yes, Marbury has the right to his commission. 2. Yes, Marbury has a right to a remedy of this problem. 3. No, The Supreme Court does not have the power to grant this remedy. RATIONALE: 1. Marbury’s right to his commission is established by the Act of 1801 creating the office to which he was appointed to, and by his nomination, confirmation marbury, commission, court, supreme, right, remedy, constitution, original, madison, jurisdiction, case, act, therefore, statute, power, never, issue, however, section, secretary, office, must, marbury’s, mandamus, legislative, judiciary, jefferson, iii, grant, delivered, conflict, article, ability, 1789, yes