Judicial History. William Marbury asked for a mandamus from the United States Supreme Court. He wanted Secretary of State James Madison to order Marbury to be appointed Justice of the Peace of the District of Columbia. Facts: The 1801 Congress created the District of Columbia as two separate districts. The President of the United States would appoint the Justice of the Peace. The seal of the United States binds to it was signed by President John Adams when he appointed Marbury as Justice of the Peace in Washington County. Madison refused Marbury to return the commission, believing that they were null since they were not sent in advance by the Adams Presidency. Marbury requested a mandamus from the United States Supreme Court, under the Judiciary Act of1789 to grant his commission. Problems: Does Marbury still have the legality to order the commission? Did the Supreme Court grant him a writ to mandamus?
Holdings. Marbury can have his remedy and commission. The Supreme Court has the power to analyze the law and approve laws that are acknowledged by the constitution. However, the Constitution does not grant the Supreme Court this right.
Reasoning: The President did at one time designate him as a Justice of Peace for Washington County. However, the Supreme Court did not verify the designation and the action was abandoned. The Supreme Court’s first instance of being able, through Judicial Review, to make a ruling on a law not in the Constitution was established by the above-mentioned clash between federal law.
“To allow the court to issue an order of mandamus, it must show that it was an exercise in appellate jurisdiction or that it was necessary to enable them exercise appellate jurisdiction. The bar stated that appellate jurisdiction can be exercised in many forms and that it is up to the Legislature whether a mandamus be issued for this purpose. Although this is true, the jurisdiction must remain appellate and not initial.
While a writ or mandamus might be the best remedy, the Supreme Court has no authority to do so. The Supreme Court ruled 1789’s Judiciary Act unconstitutional. They don’t have jurisdiction over the case. Mandamus would allow the Supreme Court to create the case instead editing previous rulings. It is not covered by Article 3 of our constitution.
Decision: Rule discharged.
