caseControlling
Marbury v. Madison
William Marbury v. James Madison, Secretary of State of the United States
5 U.S. (1 Cranch) 137 (1803)Supreme Court of the United StatesFeb 24, 1803Author: Chief Justice Marshall
Facts
William Marbury sought a writ of mandamus to compel Secretary of State James Madison to deliver his commission as a justice of the peace.
Issue
Does Marbury have a right to his commission, and can the Supreme Court issue a writ of mandamus to deliver it?
Holding
Marbury had a right to his commission, but the Court lacked original jurisdiction to issue the writ because the relevant provision of the Judiciary Act was unconstitutional.
Disposition
Application for writ of mandamus denied for lack of jurisdiction.