Major character

John Marshall. He was ex. sectary of president

and after retirement become new chief justice of

united state of America.

Marbury. Marbury appointed as judge of Columbia.

Appointment as Judges

John Adam Jefferson

Parties in America

Federalist

Anti Federalist

1800

lame-duck session

1801

Elections

Mandamus

A writ of mandamus or mandamus (which means "we command" , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly."Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.

Jurisdiction

Supremecourt

Appellate

Original

In all Cases affecting Ambassadors, other

public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

—U.S. Constitution, Article III, Section 2, Clause 2

Article III

On February 24, 1803, the Court rendered a

unanimous (4–0) decision, that Marbury had the right to his commission but the court did not have the power to force Madison to deliver the commission. Chief Justice Marshall wrote the opinion of the court. Marshall presented the case as raising three distinct questions:

Did Marbury have a right to the commission?Do the laws of the country give Marbury a

legal remedy? Is asking the Supreme Court for a

writ of mandamus the correct legal remedy?[2

The Decision