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While one might expect the Judicial branch to hold the Executive and Legislative to their Constitutional limits, who is to do the same for the Judicial? This, then, is a plain case for a mandamus, either to deliver the commission, or a copy of it from the record; and it only remains to be enquired, Whether it can issue from this court. It is declared that "no tax or duty shall be laid on articles exported from any state." Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. Historical Context. ", "Usurpers always choose troubled times to enact, in the atmosphere of general panic, laws which the public would never adopt when passions were cool. This law enacts, "that there shall be appointed in and for each of the said counties, such number of discreet persons to be justices of the peace as the president of the United States shall, from time to time, think expedient, to continue in office for five years.". That by signing the commission of Mr. Marbury, the president of the United States appointed him a justice  of peace, for the county of Washington in the district of Columbia; and that the seal of the United States, affixed thereto by the secretary of state, is conclusive testimony of the verity of the signature, and of the completion of the appointment; and that the appointment conferred on him a legal right to the office for the space of five years. Chief Justice John Marshall’s opinion for the Court articulated and defended the theory of judicial review, which holds that courts have the power to strike down legislation that violates the Constitution. If this be the rule, let us enquire how it applies to the case under the consideration of the court. Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void. Has the applicant a right to the commission he demands? Those who apply the rule to particular cases, must of necessity expound and interpret that rule. So Marbury applied directly to the Supreme Court of the United States for a writ of mandamus to compel Jefferson’s Secretary of State, James Madison, to deliver his JP commission. And if they can open it at all, what part of it are they forbidden to read, or to obey? He has decided. He is to affix the seal of the United States to the commission, and is to record it. In the distribution of this power it is declared that "the supreme court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. SUPREME COURT OF THE UNITED STATES It is not the province of any branch of the same federal government to say what the rules mean. One of the first duties of government is to afford that protection. Terms & Privacy. In the order in which the court has viewed this subject, the following questions have been considered and decided: That a case arising under the constitution should be decided without examining the instrument under which it arises? Prior to Marbury v. Madison, the Supreme … To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained? This is too extravagant to be maintained. If you are puzzling who can help you with your nursing assignment at the lowest price as you are a student and is sometimes pressed for money, you are at the right place as we offer cheap custom nursing papers.

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