ARTICLE VIII

ATRICLE VIII: JUDICIAL DEPARTMENT

Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable,
and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.

Marbury vs. Madison

“The Case of the Midnight Judges”
Established the principle of Judicial Review – that the supreme court can
review and overturn laws if they’re unconstitutional.

FACTS
In 1801, outgoing President John Adams had issued William Marbury a
commission as justice of the peace — but the new Secretary of State, James
Madison, refused to deliver it. Once in office, Jefferson directed his secretary of
state, James Madison, to withhold the commission, and Marbury petitioned the
Supreme Court to issue a writ of mandamus to compel Madison to act. With
his decision in Marbury v. Madison, Chief Justice John Marshall established
the principle of judicial review, an important addition to the system. Created to
prevent any one branch of the Federal Government from becoming too
powerful.

ISSUE
Whether or not William Marbury is entitled to writ of mandamus from the
Supreme Court.

RULING
No. The case dismissed for want of jurisdiction. As the President signed
Marbury’s commission after his confirmation, the appointment has been made,
and Marbury has a right to the commission.
Given that the law imposed a duty on the office of the president to deliver
Marbury’s commission, that the Supreme Court has the power to review
executive actions when the executive acts as an officer of the law and the
nature of the writ of mandamus to direct an officer of the government “to do a
particular thing therein specified,” mandamus is the appropriate remedy, if
available to the Supreme Court.
So in this case, to issue mandamus to the Secretary of State really is to sustain
an original action, which is (in this case) outside the constitutional limits of
jurisdiction imposed on the Supreme Court.