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If the Supreme Court decided that Marbury was entitled to his commission how could it be sure that the Executive branch would deliver it?
They couldn't; that created a significant dilemma for Chief Justice John Marshall.
The Supreme Court has no enforcement power over its decisions, so there was no way they could compel Madison to deliver Marbury's commission, which may be one reason Marshall denied the Court had original jurisdiction over the matter. If the Court issued the requested writ of mandamus, and Madison refused to comply (a theory tested when Madison refused to answer the Court's inquiry as to why it should not issue a writ for the commission), it would weaken the power of the Judicial branch.
When a Court decision involves a question of documented law, the courts generally make a ruling, then remand the case back to the Circuit Court (US Court of Appeals) or state supreme court to ensure the decision is carried out. Otherwise, only respect for the Court and established protocol encourages compliance.
Case Citation:
Marbury v. Madison, 5 US 137 (1803)
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In the US Supreme Court's opinion was Marbury entitled to his appointment?
Yes. In the opinion of the Court, Marshall declared Marbury was entitled to his commission, but that the Supreme Court didn't have original jurisdiction to issue the writ of mandamus Marbury requested. Marshall explicitly stated Marbury would have to refile his case in a lower court first, then appeal to the Supreme Court if he failed to get relief at that level. Marbury never refiled his case.Case Citation:Marbury v. Madison, 5 US 137 (1803)For more information, see Related Questions, below.
Did William Marbury ever get the commission that Marbury v Madison said he had a right to?
No. In the opinion of the Court, Marshall declared Marbury was entitled to his commission, but that the Supreme Court didn't have original jurisdiction to issue the writ of mandamus Marbury requested. Marshall explicitly stated Marbury would have to refile his case in a lower court first, then appeal to the Supreme Court if he failed to get relief at that level. Marbury never refiled his case.Case Citation:Marbury v. Madison, 5 US 137 (1803)For more information, see Related Questions, below.
What effect did the landmark supreme court decision in marbury vs madison have?
The effect of the landmark Supreme court decision in Marbury vs Madison helped in the separation of powers as far as the executive and legislature is concerned.
Which supreme court case established the judicial branch of the government as an equal to the legislative and executive?
Marbury V. Madison.
What was the name of the supreme court case of marbury vs Madison?
marbury vs. Madison
