Seal of the United States Supreme Court. Original action filed in U. Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. Congress marbury v madison case pdf pass laws that are contrary to the Constitution, and it is the role of the Judicial system to interpret what the Constitution permits.
Cushing and Moore took no part in the consideration or decision of the case. Chief Justice, found firstly that Madison’s refusal to deliver the commission was both illegal and correctible. The petition was therefore denied. Supreme Court in general, by announcing that the 1789 law which gave the Court jurisdiction in this case was unconstitutional. Marbury thus lost his case, which the Court said he should have won, but, in explaining its inability to provide Marbury the remedy it said he deserved, the Court established the principle of judicial review, i.