Chief Justice Marshall Rules Against William Marbury

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District of Columbia, 180-In the Marbury v. Madison case, Chief Justice John Marshall has ruled against William Marbury. William Marbury had wanted to sue the secretary of the state, James Marshall for refusing to deliver Marbury's commission. "The law allowing Marbury to sue is not authorized by the Constitution." said Chief Justice Marshall.

William Marbury's lawsuit was that he and three others were not given their commission. William Marbury had turned to the Supreme Court to ask for a writ if mandamus; a court order directing a public official to perform his or her public duties. It applies to duties that an officeholder is required by law to perform rather than acts within the discretion of the officeholder. As a preliminary measure in the mandamus action, in December 1801 Chief Justice Marshall issued an order to Secretary of State Madison directing him to explain why the Court should not issue the writ compelling him to deliver Marbury's commission. Madison was supposed to respond during the next term of the Supreme Court, scheduled to begin in June 180. However, in March 180 Congress intervened, passing the Judiciary Act of 180. Among other things, this act changed the Supreme Court's schedule to one single annual term, commencing in February. When Marshall had ordered Madison to respond to the writ of mandamus at the next term of the Supreme Court, Marshall had assumed that the term would be six months later, in June 180. Instead, the next term was in February 180. Because of the Judiciary Act of 180, the Supreme Court did not meet at all from December 1801 until February 180. When the Supreme Court finally met, Madison never appeared for the order nor did he send a lawyer to represent him. At this point, Chief Justice Marshall could choose to be in favor with Marbury, especially Madison had no defense go against Chief Justice Marshall. However, Marshall believed that Madison would ignore any order from the Supreme Court. This would humiliate the Court and make it appear powerless, so Chief Justice Marshall didn't go in favor with William Marbury.

In deciding, Chief Justice Marshall asked these three questions to Madison (1) Was Marbury entitled to the commission? () If he was entitled to the commission, did the law provide a remedy for the failure to receive it? and () If the law did provide a remedy, was that remedy a mandamus issued by the Court? James Madison answered the first question in great detail and he concluded that giving Marbury his commission would violate Marbury's legal rights. He then turned to the second question whether the law would redress this violation of Marbury's rights. Marshall's assertion of an obvious legal principle was unequivocal "The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury."

In the end Marbury did not get his commission and never became a justice of the peace in Washington, D.C. Secretary of State Madison could not complain about the outcome of the case, because he won. He was not ordered to deliver the commission to Marbury. Marshall was able to declare a law of Congress unconstitutional, and he did it in a way that required no action on the part of the executive branch. Most importantly, the opinion established the right, the power, and the obligation of the courts to strike down laws that violate the Constitution.

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