Chief Justice Marshall Rules Against William Marbury

District of Columbia, 1803-In the Marbury v. Madison case, Chief Justice John Marshall has ruled against William Marbury. William Marbury had wanted to sue the secretary of the state, James Marshall for refusing to deliver Marbury’s commission. “The law allowing Marbury to sue is not authorized by the Constitution.” said Chief Justice Marshall.
William Marbury’s lawsuit was that he and three others were not given their commission. William Marbury had turned to the Supreme Court to ask for a writ if mandamus; a court order directing a public official to perform his or her public duties. It applies to duties that an officeholder is required by law to perform—rather than acts within the discretion of the officeholder. As a preliminary measure in the mandamus action, in December 1801 Chief Justice Marshall issued an order to Secretary of State Madison directing him to explain why the Court should not issue the writ compelling him to deliver Marbury’s commission. Madison ...