Does Marbury have a right to the commission: Marbury and the other justices had a right to the commission once signed by the president
– Is the Writ of Mandamus an available remedy: Marshall distinguished between political acts, which cannot be reviewed by the courts, and acts specifically required by law, which can be reviewed —refusal to deliver the commissions, fell into latter category.
– BUT the Mandamus cannot be allowed
– there is conflict between the Judiciary Act and Art III -2.
– Judiciary Act- grants the Court the jurisdiction to issue…writs of mandamus…[to] persons holding office under the authority of the US, which would make the relief sought by Ps OK.
– At Odds with Constitution: Art III – 2, grants Court original jurisdiction only cases affecting Ambassadors, public ministers and Consuls, and cases in which a State is a Party. All other cases were under appellate jurisdiction.
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