Marbury v. Madison 1 Cranch (5 U.S.) 137 (1803) TRAVEL: The case was filed in the Supreme Court, therefore having original jurisdiction. FACTS: Marbury was given the commission appointing him to the Justice of the Peace by Adams the night before Jefferson was to take over the presidency; however, the commission was never delivered to him. The following day, Jefferson instructed Madison (the new Secretary of State) to do nothing with the commission. Marshall was ordered to show …showed first 75 words of 401 total…

…showed last 75 words of 401 total…original jurisdiction. A written constitution is a law superior to passes legislative acts. Therefore, a legislative act that contradicts the Constitution is void. As in this case, a statute and the Constitution are in conflict, so the court must choose one to follow. The Constitution must be obeyed in preference to any statute. Therefore, while Marbury is entitled to receive his commission, the Supreme Court does not have the ability to grant it to him.