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This brought Marshall to the third question: whether the Supreme Court had proper jurisdiction over the case, which would determine whether or not the Court had the power to issue the writ Marbury requested. Having decided that Marbury had the right to the commission, Marshall next turned to the question of remedy, and once again found in the plaintiff’s favour, holding that “having this legal title to the office, [Marbury] has a consequent right to the commission, a refusal to deliver which is a plain violation of that right, for which the laws of his country afford him a remedy.” After castigating Jefferson and Madison for “sport[ing] away the vested rights of others,” Marshall addressed the crucial third question. [10] Jefferson easily won the popular vote, but only narrowly defeated Adams in the Electoral College. [56] First, some criticize the way Marshall "strove" to reach the conclusion that the U.S. Supreme Court has constitutional authority over the other branches of the U.S. government. Hätte er der Klage stattgegeben, wäre ein Amtsenthebungsverfahren zu befürchten gewesen. Marbury hatte argumentiert, dass dies unschädlich sei, da die Bestimmungen der Verfassung nur einen Grundstock an Kompetenzen darstellten sollten, zu dem der Kongress mittels Gesetz weitere hinzufügen könne. [60] Alternatively, it has also been argued that the claim that Marshall "strove" to create a controversy largely vanishes when the case is viewed from the legal perspective of the late 18th century, when American colonies' and states' supreme courts were largely modeled on England's Court of King's Bench, which inherently possessed mandamus powers. "[27] Section 13 of the Judiciary Act deals with the Supreme Court's original and appellate jurisdictions. Get exclusive access to content from our 1768 First Edition with your subscription. Er musste nun untersuchen, was zu geschehen habe, wenn ein Bundesgesetz mit der Verfassung unvereinbar ist. Marbury v. Madison arose after the administration of U.S. Pres. Um 12 Uhr mittags am 4. [49] If the Court had ruled in favor of Marbury and issued a writ of mandamus ordering Madison to deliver Marbury's commission, Jefferson and Madison would probably have simply ignored it, which would have made the Court look impotent and emphasized the "shakiness" of the judiciary. He also argued that federal judges' oaths of office—in which they swear to discharge their duties impartially and "agreeably to the Constitution and laws of the United States"—requires them to support the Constitution. [note 1], As the results of the election became clear in early 1801, Adams and the Federalists became determined to exercise their influence in the weeks remaining before Jefferson took office, and did all they could to fill federal offices with "anti-Jeffersonians" who were loyal to the Federalists. [17] Madison contended that the commissions were void if not delivered, but the Court disagreed, and said that the delivery of the commission was merely a custom, not an essential element of the commission itself.[7]. These negative maneuvers were artful achievements in their own right.

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