Marbury v. Madison — IRAC Brief
Source: Marbury v. Madison, 5 U.S. 137 (1803) · Con Law
I - Issue
Con LawWhether the Supreme Court has authority to issue a writ of mandamus under § 13 of the Judiciary Act of 1789, and whether such a statute is constitutional.
R - Rule
Con LawArticle III defines the Court's original jurisdiction; Congress cannot expand it. A statute repugnant to the Constitution is void — and the Court must say so.
A - Analysis
Con Law- Marbury had a vested right to the commission once signed and sealed.
- Mandamus is the proper remedy, but jurisdiction must exist.
- § 13 purported to grant original jurisdiction not enumerated in Art. III → unconstitutional.
C - Conclusion
Con Law- Established judicial review: The Court may declare acts of Congress unconstitutional. Writ denied for lack of jurisdiction.



