Marbury v. Madison

Marbury v. Madison, 5 U.S. 137 (1803)

Facts:
Towards the end of his term in office President Adams made multiple appointments, including William Marbury to serve as a justice of the peace. The appointments were approved by the Senate, and the commissions were signed and sealed. However, Adams' presidency ended before the appointees were sworn in. The duty fell to new Secretary of State James Madison to actually give the men their appointments. He did not. Marbury and the others sued in hopes of the court serving Madison with a mandamus (court order) forcing him to make the appointments.

Questions
1. Does Marbury have a legal right to the commission?
2. If he has such a right, and it has been denied, is there a legal remedy?
3. Is the mandamus Marbury is suing for the correct legal remedy?

Holding
1. Yes
2. Yes
3. No

Reasoning
1. The commission was signed by the President and sealed, thus making it a law.
2. There is always a legal remedy for breaking the law.
3. Although a mandamus is the correct legal remedy, issuing a mandamus in this particular case is unconstitutional. The power to issue a mandamus to the Secretary of State would fall under appellate jurisdiction.