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William
Marbury brought his case directly to the Supreme Court because the Court had original jurisdiction over the case. He asked the Court to issue a writ of mandamus to order James Madison to deliver his commission.
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Supreme
Court of the United States
Marbury v. Madison (1803)
The
Supreme Court of the United States declared that:
- Marbury
is entitled to the commission, but:
- The
Court cannot issue the writ because the Judiciary
Act of 1789, which granted the Supreme Court
original jurisdiction to issue writs of mandamus,
is unconstitutional.
- The
Supreme Court of the United States has the
power to review acts of other branches and
determine their constitutionality. This power
is called judicial review.
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