What action did William Marbury take to get Jefferson and Madison to deliver his commission?

William Marbury brought suit to secure his position as a Justice of the Peace in Washington D.C. The appointment was one of the last minute "Midnight Judges" assignments made in the waning hours of the Adams' administration pursuant to the Organic Act of 1801 (not to be confused with the Judiciary Act of 1801, which reorganized the federal courts and added sixteen new circuit judges) Specifically Marbury wanted the Supreme Court to issue a "Writ of Mandamus (a judicial order compelling a government official to carry out the duties of his office) to Jefferson's Secretary of State James Madison. Marbury wanted Madison to deliver his commission so he could take office Chief Justice John Marshall (Jefferson's second cousin) ruled that, while Marbury's appointment was legal, the Supreme Court lacked original jurisdiction over the case, preventing them from ordering the executive branch to do anything. Marshall told Marbury he would first have to pursue the case in a lower court, then petition the US Supreme Court under its appellate jurisdiction if his grievances weren't addressed Marshall also ruled that Section 13 of the Judiciary Act of 1789, passed under George Washington, was URL1 declaring an Act of Congress unconstitutional, Chief Justice Marshall affirmed the court's right of "judical review Marbury did not get his job Case Citation: Marbury v.

Madison 5 US 137 (1803) For more information on Marbury v. Madison see Related Questions, below.

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