Marbury v. Madison (1803)
Marbury established judiciary’s power to declare federal legislation unconstitutional.
- Whether P had a right to the commission. The court said he did.
- Whether the laws provide a remedy for Marbury.
- If he had sought the proper remedy of a writ of mandamus (order to a public official to perform their nondiscretionary duties), was the Supreme Court the proper venue?
- The key issue of the case was whether the SC had jurisdiction to adjudicate the lawsuit. The court said that the SC was not the appropriate venue because §13 of the Judiciary Act of 1789 was unconstitutional. Said that the court could not expand the jurisdiction under Article III.