5 U.S. (1 Cranch) 137 · Supreme Court of the United States · 1803
Constitutional LawAssigned in 30 casebooks
Case brief summary
Rule
Courts have the power and duty to decide what the law means, and if a law passed by Congress conflicts with the Constitution, the Constitution wins and the conflicting law cannot be enforced.
Facts
Before leaving office, President Adams signed a commission appointing William Marbury as a local judge in Washington D.C. The paper was never delivered before the new administration took over.
Procedural history
Marbury asked the Supreme Court directly to order Secretary of State James Madison to deliver the commission, skipping the lower courts entirely.
Issue
Could the Supreme Court itself order Madison to deliver the commission through a lawsuit filed directly with the Court?
Holding
Marbury had a legal right to the commission and the law should have given him a remedy, but the Supreme Court could not issue the order because the law letting it hear this kind of case directly was unconstitutional.
Reasoning
The Constitution only lets the Supreme Court hear certain cases first, and this case didn't qualify. Congress couldn't expand that power, so the conflicting law could not be followed.
Opinions
Majority (Marshall): Marbury had a right to his commission, but the Supreme Court could not order its delivery because the law giving it that power conflicted with the Constitution.
Test yourself
Question 1 of 5
What administrative failure led to Marbury's lawsuit?
The commission was completed (signed and sealed) but not delivered before Jefferson's administration took office and Madison withheld it; the other options misstate the facts.
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On the exam
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Other issues in this opinion
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