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Chief Justice Marshall (and the US Supreme Court) didn'trule against Marbury; the opinion of the Court clearly stated Marbury and his fellow plaintiffs were entitled to their commissions. The only reason they didn't receive them via a writ of mandamus from the Supreme Court was that the Court also determined it lacked authority to issue the order under its original (trial) jurisdiction. The reasoning was that Congress had attempted to expand the Supreme Court's constitutional authority into an area not explicitly permitted in Article III.

Chief Justice Marshall told Marbury he would have to first refile his case in a lower court then, if necessary, bring it to the Supreme Court on appeal.

There were two unspoken issues underlying the court's opinion. The first was Marshall had to maneuver around the likelihood that Jefferson/Madison would never agree to reissue the discarded commissions, and the Supreme Court lacked any authority to enforce such an order.

Case Citation:

Marbury v. Madison, 5 US 137 (1803)

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14y ago

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