Marbury v. Madison

3. Procedural of History: What did the original court decide?  Who appealed to the appellate court?  What was the decision of the appelate court?  Who appealed to the Supreme Court?  

In the case of Marbury v. Madison the case was taken directly to the Supreme Court.  William Marbury declared an act of Congress, and took sued for their jobs in the Supreme Court.  The case Marbury v. Madison was decided by Supreme Court Chief Justice Marshall, in February of 1803.  

4. Issues:  What is the Court asked to decide?  

Is Marbury entitled to his appointment? Is his lawsuit the correct way to get it? And, is the Supreme Court the place for Marbury to get the relief he requests?

5. Decision and Analysis. What did the Court decide?  How did the vote of the Court breakdown?  Explain the justification used by the Court to reach its decision.  

William Marbury asked the Supreme Court to issue a writ of mandamus to force James Madison to deliver his commission. The Supreme Court of the United Staes declared that:Marbury is entitled to the commission.  The Court, however, cannot issue the writ because the Judiciary Act of 1789, which granted the Supreme Court original jurisdiction to issue writs of mandamus, as unconstitutional. The Supreme Court of the United States has the power to judicial review.