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Marbury v. Madison

5 U.S. (1 Cranch) 137 (1803)

Supreme Court of the United States · 1803

Good law
Constitutional lawJudicial reviewSeparation of powers

Headnote

Established judicial review of federal legislation: it is emphatically the province and duty of the judiciary to say what the law is.

Bench

Marshall, C.J.

Facts

Marbury sought a writ of mandamus to compel delivery of his commission as justice of the peace under the Judiciary Act of 1789.

Held

Marbury had a right to the commission, but the statutory grant of original mandamus jurisdiction exceeded Article III and was unconstitutional.

Key passage

“It is emphatically the province and duty of the judicial department to say what the law is.”

5 U.S. 137, 177

Citation formats

Bluebook

Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803).

Short form

Marbury, 5 U.S. at 177.

Id. form

Id. at 177.