I'm exiting office, quickly I must appoint 16 judges to the supreme court, and it must be done before midnight!
The product of the lawsuit was neither a winner nor a loser, there was no conclusion to who won. However, there was a much bigger success from the whole case. Because of the way that Marshall was able to handle the case, the principle of judicial review was set into United States law. Judicial review is the constitutional review of the validity of a legislative act.
It is past 12:00, my term has started... Mr. Madison you are to withhold that judgeship from Marbury
Where is my judgeship? It should be delivered by now.
I cannot give it to you Mr. Marbury, I have been ordered not to by the president of the united States
Marbury would go on to indeed sue Madison. Marbury would act as the plaintiff and Madison the respondent. Marbury would push for a Writ of Mandamus, an order given by the US Supreme Court that can overrule any jurisdiction set in the past. It is the ultimate authority. The acting judge would be the head of the US supreme court: John Marshall.
I will sue Madison for withholding my position from me, through a Writ of Mandamus. Surely that ought to work
Answering the first two questions, Marhsall understood that Marbury had a right to be upset, and that what Jefferson did was wrong and was a violation of a president. Despite Marbury being in the right, Marshall decided that no such Writ of Mandamus could be issued because it would be unconstitutional, and that the supreme court did not have the right to make any citizen carry out any certain task.
Did Marbury have the right to the commission?
If it did, would the proper remedy be a writ of mandamus from the Supreme Court?
If he did, and his right had been violated, did the law provide him with a remedy?
Judicial review today is still an important step in our democracy in keeping the checks and balance system afloat in our country. This gives the case Marbury Vs Madison great significance and is highly considered the most important court case of United States history.