Write a 20 page essay on Ase brief.Download file to see previous pages... In order for the appointments to be effective, the commissions were required to be delivered to the appointees. Most of the co

Write a 20 page essay on Ase brief.

In order for the appointments to be effective, the commissions were required to be delivered to the appointees. Most of the commission had been duly delivered. Jefferson argued that the remaining commissions were void since they had not been delivered by the expiration of president Adams’ presidential term. Marbury, an intended appointee applied to the US Supreme Court for a writ of mandamus to ensure that the commissions were duly delivered. II. The Law Pursuant to Article III Section 2 Clause 2 of the US Constitution, all cases relative to Ambassadors, public Consuls and ministers and cases in which the state is a party, the Supreme Court is possessed of original jurisdiction. Any other case falling under the authority of the judiciary, the Supreme Court will have the authority to determine appeals subject to any exceptions and/or regulations that Congress may apply. Under Section 13 of the Judiciary Act 1789, the Supreme Court has the authority to hear appeals from circuit courts and state courts and will also have the authority to issue prohibitive writs to district courts and writs of mandamus to any appointed courts or individuals in public office. III. Legal Questions/Issues The main legal questions/issues were: Is the claimant entitled to the commission?Does the claimant have a legal remedy? Does the Supreme Court have the jurisdiction to review Congressional decisions and to ascertain whether or not such decisions are constitutional and valid? Does Congress have the authority to broaden the original jurisdiction of the Supreme Court as contained in Article III of the US Constitution? Does the Supreme Court’s original jurisdiction include the authority to issue a writ of mandamus? IV. Holding/Decision and Action The US Supreme Court denied the writ of Mandamus with the result that the claimant did not obtain the commission. V. Opinion John Marshall, delivered the opinion of the court. The Court thus concluded that the claimant was entitled to the commission since it took effect once the Executive exercised its constitutional power of appointment and that power was the final act required of the executive exercising the authority. Therefore, once the commission was signed by the president it became effective. The court also ruled that the claimant did indeed have a legal remedy as it is implicit in the protection of civil rights: any person claiming harm has a right to the protection of the law. The US Supreme Court also ruled that the US Supreme Court has the power to review congressional decisions and to ascertain the constitutionality and validity of those decisions. It is the judiciary’s duty to state the law. In the application of the law to specific cases, the judiciary also has a duty to interpret and explain the applicable rule. When laws contradict each other, the Court has a duty to decide between the two. In all cases, the Constitution, the supreme law of the land will prevail where it is inconsistent with any other law. Moreover, the US Supreme Court ruled that Congress does not have the authority to expand upon the original jurisdiction accorded the Supreme Court beyond that conferred by Article III of the US Constitution. If Congress had such an authority, the Constitutional basis of original jurisdiction would be entirely meaningless.