Marbury v. Madison

Opinions Opinions & Dissents U.S. Supreme Court Marbury v. Madison, 5 U.S. 1 Cranch 137 137 (1803) Marbury v. Madison 5 U.S. (1 Cranch) 137 Syllabus The clerks of the Department of State of the United States may be called upon to give evidence of transactions in the Department which are not of a confidential character. The Secretary of State cannot be called upon as a witness to state transactions of a confidential nature which may have occurred in his Department. But he may be called upon to give testimony of circumstances which were not of that character. Clerks in the Department of State were directed to be sworn, subject to objections to questions upon confidential matters. Some point of time must be taken when the power of the Executive over an officer, not removable at his will, must cease. That point of time must be when the constitutional power of appointment has been exercised. And the power has been exercised when the last act required from the person possessing the power has been performed. This last act is the signature of the commission. If the act of livery be necessary to give validity to the commission of an officer, it has been delivered when executed, and given to the Secretary of State for the purpose of being sealed, recorded, and transmitted to the party. In cases of commissions to public officers, the law orders the Secretary of State to record them. When, therefore, they are signed and sealed, the order for their being recorded is given, and, whether …