Marbury v. Madison

            
             William Marbury was appointed justice of the peace by President Adams. However, he he did not receive his commission before Adams term ended and when Jefferson took office they refused to deliver it. So Marbury took Madison (Jefferson's Secretary of State) to the Supreme Court and demanded a writ of mandamus to force the delivery of his commission. Chief Justice Marshall delivers the opinions of the court along with the three questions that produced their opinions. 1. Does Marbury have the right to demand the commission? When his commission was signed, sealed and confirmed by the Senate he gained the legal right to the office. Even if he does not possess the commission for that office, his right to office cannot be refused. 2. If Marbury has the right to office and it is not granted, is he owed something by law. Madison should give the commission to Marbury because if the commission was signed and sealed by President Adams his position is still valid. 3. If he is owed a solution, should it be a writ of mandamus to Madison? A writ of mandamus can be given by the court of law to command a government official to carry out a duty. However, the Supreme Court does not have the jurisdiction to place writs of mandamus on federal officials. The Constitution the grants the Supreme Court original or appellate jurisdiction and the issuing of a writ of mandamus would be unconstitutional. "Thus, the particular phraseology of the Constitution of the United States conforms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that the courts, as well as other departments, are bound by that instrument. The case would be discharged and Marbury would not receive his commission. .