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From: hoffman@hdsvx1.UUCP (Richard Hoffman)
Newsgroups: misc.legal
Subject: Re: Interesting legal issues
Message-ID: <845@hdsvx1.UUCP>
Date: Wed, 8-Oct-86 07:27:37 EDT
Article-I.D.: hdsvx1.845
Posted: Wed Oct  8 07:27:37 1986
Date-Received: Thu, 16-Oct-86 22:13:24 EDT
References: <752@oswego.UUCP> <2169@j.cc.purdue.edu> <844@hdsvx1.UUCP>
Reply-To: hoffman@hdsvx1.UUCP (Richard hoffman)
Distribution: net
Organization: Schlumberger HDS, Houston
Lines: 22

In article <844@hdsvx1.UUCP> I wrote:
>... In Marbury vs. Madison, a 
>group of properly confirmed justices of the peace were asking the court
>for a writ of mandamus against Madison, who was holding up the delivery of
>their commissions.  Congress, in previous legislation (Judicial Powers Act,
>1801) had granted the Supreme Court original jurisdiction to issue such a
>writ against government office holders when appropriate.  ...

Before anyone else does, I will correct my own mistake:  The Judicial Powers
Act was enacted more than a decade before the date I cited, in the first
full session of Congress under the newly ratified constitution.  1801 was
the date that Marbury et alia filed suit against Secretary of State Madison.
I am sorry if my error has confused anyone; it had little bearing on the
elaboration of the decision which followed.

Just for the record, the case was decided by the Supreme Court in 1803;
Chief Justice John Marshall, of course, wrote the opinion.
-- 
 Richard Hoffman | "They sought it with thimbles, they sought it with care,
 Schlumberger WS | They pursued it with forks and hope;
 hdsvx1!hoffman  | They threatened its life with a railway share,
 713-928-4750    | They charmed it with smiles and soap."         (L. CARROLL)