Marbury v. Madison

             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 by the Senate, and the signature and seal on his commission. Failure to deliver does not dissolve his right to occupy the office.
             2. The Secretary of State's role is prescribed by statute and not subject to presidential direction.
             3. The remedy by which Marbury seeks from the Supreme Court is a write of mandamus. This power was granted by section 13 of the Judiciary Act of 1789. However, it is in conflict with the difference between original and appellate jurisdiction in Article III, section 2 of the Constitution. The Judiciary Act of 1789 grants the Supreme Court the ability to issue writs of mandamus to officers of the federal government. However, Article III states that the Supreme Court's original jurisdiction is restricted to
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