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William Marbury and three other men whose commissions were undelivered filed suit against Madison in the Supreme Court. They asked the Court to issue a writ of mandamus (an order compelling an official to take action) demanding Madison release their commissions so they could take office as justices of the peace for Washington, DC.

Madison ignored Chief Justice Marshall's order to show cause (why a writ of mandamus should not be issued), necessitating a trial to determine whether the men were entitled to the paperwork, whether the matter could be addressed by the court system, and which court should properly hear the case.

Chief Justice Marshall declared the commissions were valid, but also decided Section 13 of the Judiciary Act of 1789, authorizing the Supreme Court to issue writs of mandamus against government officials, was unconstitutional because Congress had attempted to extend the Court's original jurisdiction into an area not specifically permitted by the Constitution. The Court held the men had to file their complaint in a lower federal court, then bring the matter to the Supreme Court on appeal, if necessary.

The decision nullified part of the Judiciary Act of 1789, and represented the first time the US Supreme Court had overturned an Act of Congress as unconstitutional. Marshall asserted the federal courts had right and responsibility of judicial review (determining whether a law relevant to a case before the court is constitutional), and that the Supreme Court was the highest authority on constitutional interpretation and the law.

This set a precedent that strengthened the Judicial Branch of government, making it co-equal to the Legislative and Executive Branches, and providing the federal courts with a means of checking the power of Congress and the President.

Case Citation:

Marbury v. Madison, 5 US 137 (1803)

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13y ago
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10y ago

marbury brought suit

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Q: What happened as a result of James Madisons refusal to deliver William Marburys appointment papers?
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