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Marbury V. Madison - Paper

Marbury V. Madison

MARBURY V. MADISON

5 U.S. 137; 2 L. Ed. 60 (1803)

Nature of action. It was an original case action started in the Supreme Court of the USA.

Issue. Whether the plaintiff has right of his commission and the Supreme Court has authority to issue a writ of mandamus.

Decision. Yes. The plaintiff has right to his commission, and court does not have authority to issue a writ of mandamus.

Facts. The Marbury and two other contestants brought a cause of action about their commission in the Supreme Court of the United State. The President John Adams named Marbury and two other justices of peace that was confirmed by the Senate. The commission was signed by the President and sealed by ...

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to whether the Marbury is entitled to the commission or not; it has become necessary to enquire whether he has been appointed or not. The section 2 of the 2nd Article of the Constitution declares that “ the president shall nominate and , by and with the advice and consent of the senate , shall appoint ambassadors , other public ministers and counselor , and all other officer of the United State, whose appointment are not otherwise provided for. The appointment in the issue is the sole act of the President when it shown that he has done everything that required to be performed by him. One thing must take in consideration that when the Constitutional power of the appointment has been exercised. The last act in the course of the execution of any instrument is the signature of the president. The signature is a warrant for affixing the great seal to the instrument; and the great seal in only affixed on an instrument which is complete. The great seal is never to be affixed till the ...

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PAPER DETAILS

Added: 3/6/2013 10:19:48 PM
Submitted By: S5402
Category: Legal Issues
Type: Premium Paper
Words: 481
Pages: 2

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