Substantive Law Study Support

Assignments and Projects

1. Complete the following brief for Marbury v. Madison, 5 U.S. 137 (1803).

Judicial History: This is a petition for writ of mandate filed by Petitioner Marbury against Respondent Secretary of State James Madison. It was filed as a case of original jurisdiction in the U.S. Supreme Court.
Facts: In the presidential election of 1800, incumbent John Adams was defeated by Thomas Jefferson. Before leaving office, President Adams nominated several individuals, including Petitioner Marbury, for judicial positions. Senate confirmation of these individuals occurred only one day prior to Jefferson’s inauguration. After Senate confirmation, commissions for these individuals were prepared and signed by the president. The commissions authorized the candidates to take office. The commissions for all of Adams’s appointees were sent to the secretary of state for delivery to the candidates, who would then take office. Unfortunately, because of the time constraints, four of Adams’s last-minute appointees did not receive their commissions before Jefferson took office. Upon taking office, Jefferson ordered his secretary of state, James Madison, not to deliver the commissions. One appointee, William Marbury, believing that he needed the commission to take office, filed this petition for writ of mandate asking the Court to order Secretary of State James Madison to deliver the commission.

Issues:

1. Did Marbury have the right to the commission he demanded?
2. If he had the right and the right was violated, do the laws of the country afford him a remedy?
3. If they do afford a remedy, is it mandamus issuing from the Supreme Court?

Holding:

1. Yes. Marbury did have the right to the commission he demanded.

2. Yes. The laws of the country afford him a remedy.

3. No. Mandamus issuing from the Supreme Court as an exercise of its original jurisdiction is not proper when directed against an officer of the federal government.

Rationale:

The Supreme Court does not have original jurisdiction in this case, and Marbury should not have brought it directly to the Court because he was attempting to extend Article III powers beyond what is detailed in the Constitution.

2. Identify the current members of the Supreme Court.

The current members are: Chief Justice John G. Roberts, Justice Brett Kavanaugh, Justice Neil M. Gorsuch, Justice Clarence Thomas, Justice Amy Coney Barrett, Justice Stephen G. Breyer, Justice Samuel A. Alito, Jr., Justice Sonia Sotomayor, and Justice Elena Kagan.