How dare you take my commission! That's against the law! -
Let's go to court!
He doesn't deserve them!
Looks like we need a trial.
I DEMAND TO BE GRANTED MY COMMISSION.
Later that month ....
If I force Madison to hand over the papers it goes against the constitution. But, if I let him keep them, it is doing a social injustice to Marbury. This is a tricky one...
He doesn't deserve his papers. No where in the constitution does it say I have to give them up.
He needs to give me my commissions now! This is childish and unjust!
Gentlemen, according to the Constitution, Marbury is entitled to his commission. However, The Judiciary Act of 1789 violates the constitution in saying that commissions have to be delivered and I do not have the authority to make Madison deliver them. But, as the chief justice I am now declaring that the supreme court has distinguished powers from the executive branch.