William Marbury v.

James Madison
5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803)

Nature of the Case: Petition for a writ of mandamus compelling the delivery of appointed judges commissions

Supreme Court Decision: No. Petition was denied due to lack of court’s jurisdiction in the given case.

Legal Doctrine: Original and Appellate jurisdiction of the Courts and birth of Judicial Review

Facts of the Case: The outgoing President of the United State, President John Adams and the Congress during that time,
passed the Judiciary Act of 1801 which created new courts, added judges, and gave the president more control over
appointment of judges. He then appointed 16 new circuit judges and 42 new justices of the peace including the petitioner,
William Marbury. The appointees were approved by the Senate, but in order it to be valid their commissions should be
delivered by the Secretary of State.
The term of Adams ended and still the commission were not delivered by the Secretary of the State making their
appointments invalid. The petitioner then filed a petition for a writ of mandamus before the Supreme Court to compel the
new Secretary of State, James Madison, to deliver the documents for the confirmation of their appointments. However,
Madison refused to do so.

Issue: WON, Supreme Court has the authority to order the delivery of the commissions.

Ruling: NO. Article 3, Section 2 of the United States Constitution states the original jurisdiction of the Supreme Court wherein
it has jurisdiction in cases concerning ambassadors, public ministers, consuls, and those in which a state shall be a party. In
all other cases, the Supreme Court shall have appellate jurisdiction.
The court ruled that a writ of mandamus was the proper way to seek a remedy, but the Court could not issue it
because Judiciary Act of 1789 is unconstitutional because it conflicted with the Constitution. Congress did not have power
to modify the Constitution through regular legislation because the Constitution is the supreme law of the land. To issue
mandamus to the Secretary of State really is to sustain an original action, which is outside the constitutional limits of
jurisdiction imposed on the Supreme Court.
The case then established the principle of judicial review for it declared a law passed by the Congress as invalid.