The first point was that in fact Marbury had the right to sue. The second point that Marshall made clear was that what Jefferson did was illegal by choosing not to deliver the commission. That Jefferson did not properly execute the law. Lastly, Marshall refers back to the Judiciary Act of 1789 and states that the Judiciary Act of 1789 amends the constitution. That the Supreme Court does not have the power to issues a mandate that something happened. Therefore making a part of the Judiciary Act null and void because it conflicts with a section of the United States
The first point was that in fact Marbury had the right to sue. The second point that Marshall made clear was that what Jefferson did was illegal by choosing not to deliver the commission. That Jefferson did not properly execute the law. Lastly, Marshall refers back to the Judiciary Act of 1789 and states that the Judiciary Act of 1789 amends the constitution. That the Supreme Court does not have the power to issues a mandate that something happened. Therefore making a part of the Judiciary Act null and void because it conflicts with a section of the United States