Could Congress give the US Supreme Court the power to issue an order granting Marbury his commission?

Marbury v. Madison 5 US 137 (1803) No Congress is not authorized to change the Supreme Court's original jurisdiction without formally amending the Constitution, which requires a two-thirds affirmative vote from both the Senate and House of Representatives, followed by ratification by three-quarters of the states However The portion of Article III Marshall used in support of his decision In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction was vague enough to invite the opposite interpretation, if Marshall had considered it in the Court's best interest Marshall could have decided US government officials fell within the Court's jurisdiction under "other public ministers and consuls," but chose to read the clause in the most literal sense possible. By declaring Section 13 of the Judiciary Act of 1789 unconstitutional, asserting the right of judicial review, Marshall strengthened the position of the Judicial Branch without inviting opposition from Jefferson The Court's decision was most likely a brilliant political strategy disguised as a true constitutional interpretation Marshall already suspected Secretary of States James Madison would ignore a court order forcing delivery of Marbury, et al.'s commissions.

If the order was refused, the Judicial Branch would be weakened and become subordinate to the other two branches of government. Marshall probably knew Jefferson wouldn't fight the Court's decision to declare part of the Judiciary Act of 1789 unconstitutional (although Jefferson openly opposed judicial review) if doing so would force him to contradict Marshall's clear reasoning, or capitulate to the Federalist party The opinion in Marbury v. Madison delivered a clear victory for the Supreme Court, and a partial victory for both Jefferson and Marbury, thus ensuring the decision would be accepted, if begrudgingly For more information, see Related Questions, below.

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