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CONSTI 1 TOPIC: Judicial Review The authority given to the Supreme Court by the act establishing the judicial

system of the United States to issue writs of mandamus to public officers appears not to be warranted by the Constitution. February 24, 1803 5 US (1 Cranch) 137 Marbury vs. Madison PONENTE: Marshall, CJ FACTS: The late President of the US, Mr. Adams, nominated applicants, including William Marbury, to the Senate for their consent to be appointed justices of the peace of the District of Columbia Senate advised and consented to the appointments Commissions in due form were signed by the said President appointing them justices and the seal of the US was in due form affixed to the said commissions by the Secretary of State, John Marshall, but they were not delivered before the expiration of Adams term as president Thomas Jefferson refused to honor the commissions, claiming that they were invalid Marbury applied directly to the Supreme Court of the United States for a writ of mandamus to compel Jeffersons Secretary of State, James Madison, to deliver the commission ISSUES: 1. 2. 3. 4. 5. Does Marbury have a right to the commission? Does the law grant Marbury a remedy? Does the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional and so valid? the Constitution? Does the Supreme Court have original jurisdiction to issue writs of mandamus? RULING/HELD + RATIO: 1. Yes, Marbury has a right to the commission. The grant of the commission to Marbury became effective when President Adams signed the order. The order granting the commission takes effect when the Executives constitutional power of appointment has been exercised. This will happen when the last act required from the person possessing the power has been performed. 2. Yes, the law grants Marbury a remedy. The very essence of civil liberty consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection. When the President of the US appointed him as justice of peace, he already had legal rights to the office for 5 years, which in turn, gave him a right to the commission. And the refusal to deliver is a violation of that right and hence he is entitled to a remedy. 3. Yes, the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional and valid Can the Congress expand the scope of the Supreme Courts original jurisdiction beyond what is specified in Art 3 of

It is the duty of the Judicial Department to interpret the law. And if two laws conflict each other, the Court must decide on the operation of each. If courts are to regard the Constitution and the Constitution is superior to any ordinary Legislative act, the Constitution and not such ordinary act, must govern the case to 4. which they both apply. No, Congress can not expand the scope of the Supreme Courts original jurisdiction beyond what is specified in Art 3 of the Constitution that states that: The Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court shall have appellate jurisdiction. If the Legislature had the discretion to apportion the judicial power between Supreme and inferior courts according to the will of that body, then this section will be entirely without meaning. jurisdiction made in the Constitution, is form without substance. 5. No, the Supreme Court does not have original jurisdiction to issue writes of mandamus To enable this court to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction. Application for write of mandamus was denied and Marbury did not get the commission. NOTES: Writ of Mandamus court order for someone to execute a certain duty Appellate Jurisdiction the power of a court to review and revise a lower courts decision If Congress remains at liberty to give this court appellate jurisdiction where the Constitution has declared their jurisdiction shall be original, and original