Editing Marbury v. Madison (section)

===Marbury's right to his commission===
The Court began by holding that Marbury had a legal right to his commission. Marshall reasoned that all appropriate procedures were followed: the commission had been properly signed and sealed.{{sfnp|Chemerinsky|2019|loc=§ 2.2.1, p. 41}} Madison had argued that the commissions were void if not delivered. The Court disagreed, saying that the delivery of the commission was merely a custom, not an essential element of the commission itself.{{sfnp|Chemerinsky|2019|loc=§ 2.2.1, pp. 41–42}}

{{Blockquote|text=The [President's] signature is a warrant for affixing the great seal to the commission, and the great seal is only to be affixed to an instrument which is complete. ... The transmission of the commission is a practice directed by convenience, but not by law. It cannot therefore be necessary to constitute the appointment, which must precede it and which is the mere act of the President.|source=''Marbury'', 5 U.S. at 158, 160.}}

The Court said that because Marbury's commission was valid, Madison's withholding it was "violative of a vested legal right" on Marbury's part.{{sfnp|Chemerinsky|2019|loc=§&nbsp;2.2.1, p. 42}}