5 U.S. (1 Cranch) 137
TOPIC: CONSTITUTION AS THE SUPREME LAW OF THE LAND
History: John Adams lost during the presidential election to Thomas Jefferson. Before his term concluded, the former appointed 16 circuit judges and 42 Justices of peace.
Mr. Lee.:
FACTS:
1. William Marbury, along with other petitioners, instituted this case since his commission for being an appointed justice of peace in Washington, and application for the release of such commission was being disregarded by James Madison, Secretary of the State.
2. These are what governs appointment of officials enjoined in the US laws and Constitution: 1. Nomination; 2. Appointment; and 3. Commission. It appears from the affidavits. William Marbury was appointed as a justice of peace in Washington for a term of 5 years. His appointment was signed by Pres. John Adams. After which seal of the United States was affixed to it but the commission never reached Marbury.
3. The petitioners' appointment had already been signed by the president but Madison refuses to give the commission, or at least a copy thereof, to the petitioners. Thus, they filed for a writ of mandamus seeking Madison to deliver or at least furnish them a copy since the commission is not merely evidence of an appointment, but is itself the actual appointment. It was argued that it was upon Madison the livery of said commission since according to the US Constitution "[The president] shall commission all the officers of the United States.
4. An act of Congress directs the Secretary of the State to keep the seal of the United States, to make out and record, and affix the said seal to all civil commissions to officers of the US to be appointed by the president, by or with the consent of the Senate, or by the President alone, provided that the signing of the US President comes first.
5.Marbury then filed before the SC to issue a writ of mandamus commanding Madison to deliver the commission or its copy to herein petitioners.
6. The US Constitution grants the Supreme Court the original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court shall have appellate jurisdiction.
7. The court ruled that Marbury has a right to that commission and the remedy sought for—mandamus—was correct. The court also maintains that while it cannot rule to command the executive and his subordinates to do a certain act that is upon the executive's discretion, it can rule over matters concerning people's legal rights. However, given the conflict between the Congress' act enabling the SC to rule on such original matters and the constitutional provision that states the SC has only appellate jurisdiction, an issue far more than Marbury's right to commission and the proper remedy of issuance of the writ of mandamus arose.
ISSUE:
1. Whether or not the act of Congress appointing the Supreme Court as a court of original jurisdiction over certain cases repugnant to the Constitution the states it only has an appellate jurisdiction valid?
RULING:
NO. It is INVALID. Any law or act inconsistent with the Constitution is considered VOID.
Section 13 of the Judiciary Act of 178914 conferred original jurisdiction on the Supreme Court to issue writs of mandamus running to "persons holding office" under federal law, including, presumably, the Secretary of State. Contrary to this, Article III of the Constitution prohibited Congress from conferring this type of original jurisdiction on the Supreme Court.
In the present case, although Marbury has a legal right to commission and mandamus is the proper remedy to obtain such, the petition cannot be granted by the Supreme court although an act of Congress gave the SC the power to exercise original jurisdiction on cases like this since the Constitution only designates the SC appellate jurisdiction. Since the case at bar was first filed before the Supreme Court and not before a lower court, the SC cannot grant to issue the writ of mandamus to Madison since it is outside of its appellate jurisdiction.
The Constitution is declared as the Supreme Law of the land and any law passed contrary to it is unconstitutional and therefore, the Legislative Act is INVALID.
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