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MARBURY
V.
MADISON

(1803) JELR 114893 (SC)

Supreme Court 24 Feb 1803 United States
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- William Marbury sought a writ of mandamus from the U.S. Supreme Court, compelling the Secretary of State (James Madison) to deliver his commission as a justice of the peace for the District of Columbia, which had been signed by President

Case Details

Judges:MARSHALL, C.J.
Other Citations:['5 U.S. 137 (1803)']

Mr. Chief Justice MARSHALL delivered the opinion of the Court.

At the last term, on the affidavits then read and filed with the clerk, a rule was granted in this case requiring the Secretary of State to show cause why a mandamus should not issue directing him to deliver to William Marbury his commission as a justice of the peace for the county of Washington, in the District of Columbia.

No cause has been shown, and the present motion is for a mandamus. The peculiar delicacy of this case, the novelty of some of its circumstances, and the real difficulty attending the points which occur in it require a complete exposition of the principles on which the opinion to be given by the Court is founded.

These principles have been, on the side of the applicant, very ably argued at the bar. In rendering the opinion of the Court, there will be some departure in form, though not in substance, from the points stated in that argument.

In the order in which the Court has viewed this subject, the foll…

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