In the final days of President John Adams administration, Adams appointed William Marbury as a justice of the peace for the District of Columbia. The commission was signed and sealed but not delivered before Thomas Jefferson took office. Jefferson instructed Secretary of State James Madison not to deliver several commissions. Marbury petitioned the Supreme Court directly for a writ of mandamus under Section 13 of the Judiciary Act of 1789. Chief Justice John Marshall held that Marbury had a right to the commission and a legal remedy, but that Congress could not expand the Supreme Court original jurisdiction beyond Article III. The Court declared Section 13 unconstitutional and refused the writ.
Signed and sealed Marbury commission
The commission appointing Marbury as justice of the peace was signed by President Adams and sealed by Secretary of State John Marshall before Jefferson took office. Marbury argues delivery was a ministerial act, not a discretionary political choice. Trial use: Supports Marbury vested-right theory by showing signature and seal, while delivery remains the contested final ministerial act. Foundation: The parties can treat this as a stipulated court-record excerpt; counsel or a legal historian should explain its procedural posture and the record source. Cross-examination focus: Legal Effect Dispute.
Judiciary Act of 1789, Section 13
Section 13 authorized the Supreme Court to issue writs of mandamus to persons holding federal office. Marbury relies on this statute for direct Supreme Court relief; Madison argues Article III controls original jurisdiction. Trial use: Provides the statutory hook for mandamus, but also creates the constitutional conflict over Supreme Court original jurisdiction. Foundation: The parties can treat this as a stipulated court-record excerpt; counsel or a legal historian should explain its procedural posture and the record source. Cross-examination focus: Constitutional Conflict.
Article III jurisdiction text
Article III lists the Supreme Court original jurisdiction for cases affecting ambassadors, other public ministers and consuls, and those in which a state is a party. Other cases fall under appellate jurisdiction subject to congressional regulation. Trial use: Anchors Madison jurisdiction challenge by contrasting Article III original jurisdiction with Congress attempted statutory expansion. Foundation: The parties can treat this as a stipulated court-record excerpt; counsel or a legal historian should explain its procedural posture and the record source. Cross-examination focus: Interpretation Dispute.
Jefferson administration refusal record
Evidence shows Madison declined to deliver commissions after Jefferson took office, reflecting the new administration position that undelivered commissions could be withheld. Trial use: Shows executive withholding under the new administration, supporting remedy arguments while raising political-question concerns. Foundation: The parties can treat this as a stipulated court-record excerpt; counsel or a legal historian should explain its procedural posture and the record source. Cross-examination focus: Political Question.
Separation-of-powers briefing
Briefing frames the core institutional question: whether the judiciary may command executive officers and whether courts must refuse unconstitutional statutes. Trial use: Frames the legal stakes of mandamus and judicial review, but functions more as argument material than ordinary trial fact evidence. Foundation: The parties can treat this as a stipulated court-record excerpt; counsel or a legal historian should explain its procedural posture and the record source. Cross-examination focus: Legal Conclusion.
William Marbury (petitioner)
Adams appointee as justice of the peace for the District of Columbia
My commission was signed and sealed before the new administration took office. Delivery was a clerical duty. The government cannot erase a completed legal appointment by withholding paper.
James Madison (respondent)
Secretary of State under President Jefferson
The commission was not delivered before the prior administration ended. The Court lacks original jurisdiction to issue this writ, and executive decisions about appointments should not be turned into direct Supreme Court litigation.
Constitutional historian (court expert)
Expert on Article III and early federal judiciary structure
The case turns on the difference between a legal right and the Supreme Court power to enforce it in original jurisdiction. If Congress enlarged original jurisdiction, the statute must give way to the Constitution.
Marbury v. Madison (1803)
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