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Worked Case Brief: Marbury v. Madison

A guided example of briefing Marbury v. Madison, with facts, issue, holding and reasoning, plus a checklist for building your own briefs.

This example shows how a short case brief can capture the parts of a judicial opinion most useful for study. It is a teaching aid, not a substitute for reading the opinion or following an instructor's preferred briefing format.

Case: *Marbury v. Madison*, 5 U.S. (1 Cranch) 137 (1803).

Read the source: Opinion text, Cornell Legal Information Institute.

Facts

William Marbury was appointed a justice of the peace near the end of President John Adams's administration. His commission was not delivered. After the change in administration, Marbury sought a judicial order directing Secretary of State James Madison to deliver it.

Procedural posture

Marbury asked the U.S. Supreme Court directly for a writ of mandamus. That procedural choice mattered because the Court had to decide whether it could grant the requested remedy in a case filed in its original jurisdiction.

Questions presented

1. Did Marbury have a right to the commission? 2. If that right was violated, did the law provide a remedy? 3. Could the Supreme Court issue the requested writ in this original proceeding?

Holding

The Court concluded that Marbury had a right to his commission and that a legal remedy could exist, but it could not issue the writ in this case. The Court treated the statutory provision purporting to authorize this exercise of original jurisdiction as inconsistent with the Constitution.

Reasoning in brief

Chief Justice John Marshall distinguished having a right from having a remedy available in the court where a lawsuit is filed. The Constitution specifies the Supreme Court's original jurisdiction. Congress could not enlarge that constitutional grant through an ordinary statute. Where the statute and Constitution conflicted, the Constitution controlled. The decision is a foundational example of judicial review.

Rule or principle to remember

A federal court must apply the Constitution rather than a conflicting statute in a case it has authority to decide. Do not reduce this decision to “Marbury won.” The Court recognized his underlying claim but did not grant the order he requested.

How to use this example

After reading an assigned case, write your own brief in this order:

1. Case name and citation. 2. Legally significant facts. 3. Procedural posture. 4. Question the court had to decide. 5. Holding and disposition. 6. Rule and the court's reasoning. 7. Unanswered questions or points to discuss in class.

Study check: Can you explain why the requested remedy failed even though the Court recognized an underlying right?

This is a compressed educational summary of a complex opinion, not a statement about current remedies in any particular dispute.

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