Marbury v. Madison

5 U.S. (1 Cranch) 137 · Supreme Court of the United States · 1803

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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.

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