Marbury v. Madison [1803]
5 U.S. (1 Cranch) 137 · Supreme Court of the United States · United States
Issue
Whether the Supreme Court can issue a writ of mandamus to compel delivery of the commission, and whether Section 13 of the Judiciary Act of 1789 is constitutional.
Held
The Court held that Marbury had a right to the commission, but that the Court could not issue the writ because Section 13 of the Judiciary Act was unconstitutional.
Exam use
Summary
Whether the Supreme Court can issue a writ of mandamus to compel delivery of the commission, and whether Section 13 of the Judiciary Act of 1789 is constitutional.
Facts
Issue
Whether the Supreme Court can issue a writ of mandamus to compel delivery of the commission, and whether Section 13 of the Judiciary Act of 1789 is constitutional.
Held
The Court held that Marbury had a right to the commission, but that the Court could not issue the writ because Section 13 of the Judiciary Act was unconstitutional.
Ratio Decidendi
The Supreme Court has the power of judicial review to declare unconstitutional acts of Congress that conflict with the Constitution; the Constitution is superior to ordinary law.
Reasoning
Essay-Ready Explanation Generator
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Reference to Marbury v. Madison (5 U.S. (1 Cranch) 137) strengthens a Poverty Law answer because the case reflects the principle that The Supreme Court has the power of judicial review to declare unconstitutional acts of Congress that conflict with the Constitution; the Constitution is superior to ordinary law. Applied to a problem question, the case should be used after identifying the issue as Whether the Supreme Court can issue a writ of mandamus to compel delivery of the commission, and whether Section 13 of the Judiciary Act of 1789 is constitutional. The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.
Underlying Concepts
- poverty-law
- Poverty Law
- Judicial review; separation of powers; constitutional supremacy
- case authority
- exam application
Significance
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Revision Checklist
- Name the issue before discussing facts so the marker sees the legal question immediately.
- State the holding in one sentence, then use the ratio to explain why the court reached that result.
- Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
- Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.