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In the Judiciary Act of 1789, Congress had assigned the US Supreme Court responsibility for petitions of writs of mandamus (a judial order compelling an official to take, or refrain from taking, an action under his or her scope of responsibility), which meant the Court had to hear the case under original jurisdiction (as a trial court). That gave them less latitude for denying Marbury's application, since, by law, the Supreme Court would have been the point of entry into the federal judiciary, and Marbury had a legitimate grievance.

Agreeing to hear the case also gave the Court an opportunity to declare Section 13 of the Judiciary Act unconstitutional, because Congress had overreached its authority by assigning the Court original jurisdiction over something not specifically prescribed by the Constitution. This validated the Court's right of judicial review (the ability to analyze laws in terms of adherence to the Constitution, and nullify legislation that doesn't conform), thus strengthening the Judicial branch and making it more equal to the other two branches of government.

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Section 13 of the Judiciary Act of 1789 required the Supreme Court to consider Marbury's request for a writ of mandamus. Marshall, rather than simply issuing a court order that would likely be ignored, chose to hold a trial to determine whether Marbury was entitled to the commission, and whether the Court had jurisdiction to obtain it for him. This may have been a deliberate political strategy calculated to strengthen the power of the Judicial branch, which was seen as weak and insignificant relative to the other two branches of government.

Explanation

William Marbury, and several other plaintiffs whose justice of the peace commissions had been withheld, filed suit in the US Supreme Court asking for a writ of mandamus compelling Secretary of State James Madison to deliver their paperwork.

The case was filed in the Supreme Court rather than the lower court because Congress had extended to the Supreme Court the right to issue writs of mandamus against federal government officials under original jurisdiction in Section 13 of the Judiciary Act of 1789. The Court was required to hear the case due to this stipulation.

Marbury was a wealthy Federalist, and most likely motivated by partisan politics rather than any great desire to serve in the office of JP. The Federalists' intent was probably to publicize Jefferson's decision to withhold some of the commissions, and to embarrass him.

Marshall decided to hold a trial, rather than issue the court order, to determine whether Marbury was entitled to the condition, whether the Courts could remedy the situation, and whether the US Supreme Court had jurisdiction to hear the case. This provided Marshall an opportunity to publicly admonish Jefferson for his action, while relieving the Supreme Court of the obligation to challenge the President directly.

Marshall suspected Madison would ignore any order to deliver the documents, a move that would weaken the Judicial branch relative to the rest of government. Instead, Marshall decided the Supreme Court lacked jurisdiction to issue a writ of mandamus to Madison because Congress had exceeded its constitutional power by attempting to extend the Court's original jurisdiction, and declared Section 13 of the Judiciary Act of 1789 unconstitutional. Marshall knew Jefferson was unlikely to fight the decision because it supported the President's intention, while simultaneously establishing a precedent that strengthened the power of the Judicial branch by exercising judicial review without opposition.

It appears the trial was a legal vehicle for enhancing the political power of the Supreme Court.

Case Citation:

Marbury v. Madison, 5 US 137 (1803)

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Q: Why did the Marbury v Madison trial take place?
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Where did the Scopes Trial take place?

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What did William Marbury argue in the Marbury v. Madison case?

Marbury argued his appointment was valid because the President had nominated him, and the Senate had confirmed his position as justice of the peace. According to Marbury's attorney, Charles Lee, the Supreme Court was authorized to issue a writ of mandamus compelling Madison to deliver the document Marbury needed to take office, pursuant to Section 13 of the Judiciary Act of 1789, which conferred on the Court the ability to issue extraordinary writs to members of the US government.ExplanationWilliam Marbury brought suit to secure his appointment as a Justice of the Peace in Washington D.C. The appointment was one of the last minute "Midnight Judges" appointments signed in the waning hours of the John Adams administration pursuant to the Organic Act of 1801 (not to be confused with the Judiciary Act of 1801, which reorganized the federal courts and added sixteen new circuit judges).Specifically Marbury wanted the Supreme Court to issue a "Writ of Mandamus" (a judicial order compelling a government official to carry out the duties of his office) to Jefferson's Secretary of State James Madison. He wanted Madison to deliver his appointment so he could take office.Marbury argued his appointment was valid because the President had nominated him, and the Senate had confirmed his position as justice of the peace. According to Marbury's attorney, Charles Lee, the Supreme Court was authorized to issue a writ of mandamus compelling Madison to deliver the document, pursuant to Section 13 of the Judiciary Act of 1789, which conferred on the Court the ability to issue extraordinary writs to members of the US government.Chief Justice John Marshall (Jefferson's second cousin) ruled that while Marbury's appointment was legal, Marshall believed the Supreme Court lacked original jurisdiction over the case, preventing them from ordering the executive branch to do anything. Marshall told Marbury he would first have to pursue the case in a lower court, then appeal to the US Supreme Court if his grievances weren't addressed.Marshall also ruled that Section 13 of the Judiciary Act of 1789, passed under George Washington, was unconstitutional. By declaring an Act of Congress unconstitutional, Chief Justice Marshall affirmed the court's right of "judical review." Marbury did not get his job.Marbury v. Madison, 5 US 137 (1803)For more information on Marbury v. Madison, see Related Links, below.


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When did the Marbury v Madison election start?

Marbury v. Madison, 5 US 137 (1803)William Marbury took his case directly to the Supreme Court of the United States. Chief Justice Marshall ruled that the Supreme Court only had appellate jurisdiction over the case, and that Marbury would have to first file his complaint in a District Court, then appeal, if necessary.Marbury never appealed his case, most likely because the purpose of filing suit with the Supreme Court was to embarrass President Jefferson, not to secure his justice of the peace commission.For more information, see Related Questions, below.

Related questions

Who was plaintiff in marbury v Madison?

In Marbury v. Madison, William Marbury was the plaintiff. He was a Federalist and a commission he was supposed to receive from President John Adams was withheld by Secretary of State James Madison. Marbury sued to recover his commission.


Who were the parties in the Marbury v. Madison case?

William Marbury, William Harper, Robert R. Hooe, and Dennis Ramsay were the plaintiffs (actually petitioners); US Secretary of State James Madison was the nominal respondent.William Marbury petitioned the US Supreme Court for a writ of mandamus (a judicial order commanding an official take, or refrain from taking, an action within his scope of responsibility) against US Secretary of State James Madison because Madison refused to deliver the justice of the peace commission former President John Adams granted Marbury. Marbury was unable to assume office without the sealed commission.Chief Justice John Marshall presided over the trial. Marshall, coincidentally, had been Secretary of State under President Adams, and was responsible for delivering Marbury's commission. Unfortunately, the administration changed before he had an opportunity to complete the assignment, and he assumed James Madison would complete the task for him.When the new President, Thomas Jefferson, discovered how John Adams had attempted to install 58 new judges immediately before leaving office, he decided to thwart as many of the appointments as possible. Marbury was one of a handful of men whose commissions were side-lined in this way.Case Citation:Marbury v. Madison, 5 US 137 (1803)For more information on Marbury v. Madison, see Related Links, below.


What did William Marbury want the Supreme Court to do in the case Marbury v Madison?

William Marbury and his fellow plaintiffs wanted the Supreme Court to issue a writ of mandamus (a court order compelling an official to take action) to Secretary of State James Madison, commanding him to deliver the missing commissions so the plaintiffs could take office as justices of the peace.Case Citation:Marbury v. Madison, 5 US 137 (1803)


What did marbury hope to achieve by suing secretary is state James Madison?

William Marbury was appointed to be the Justice of the Peace in the District of Columbia by outgoing President John Adams in 1801. The commission was never delivered, so Marbury sued the new Secretary of State, James Madison to compel him to deliver the commission. The case formed the basis for judicial review in the United States.Marbury v. Madison, 5 US 137 (1803)For more information, see Related Questions, below.


In Marbury v. Madison did Marbury have a right to the office of Justice of the Peace?

According to Chief Justice John Marshall, yes. All the proper steps had been taken to secure Marbury's commission under former President John Adams. The only step that had not been completed before the administration changed was delivery of the documents, which then-Secretary of State John Marshall assumed incoming Secretary of State James Madison would take care of as a matter of course.Marshall didn't foresee Madison's delay in reaching Washington, nor Jefferson's intervention in the commissions' distribution. Nevertheless, all the legal steps had been completed correctly, and the commissions completed during Adams' administration.Marshall ruled that, while Marbury and the other plaintiffs were legally entitled to their positions as justices of the peace, the Supreme Court lacked authority to grant the writ of mandamus (court order compelling Madison complete delivery) under their original (trial) jurisdiction. Marshall held that the Court could issue the order under their appellate jurisdiction, but Marbury would first have to refile the case in a lower court. Marbury never filed, so he never received his commission.Case Citation:Marbury v. Madison, 5 US 137 (1803)


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