Mandamus, Writ Of

Mandamus, Writ Of Along with the writs of prohibition and certiorari, the writ of mandamus was a prerogative writ in English common law. A writ of mandamus issued from the court of King's Bench, directed to some officer, corporation, or inferior court and required that a duty prescribed by law, and not subject to discretion, be performed. Because of the extraordinary nature of mandamus, it was awarded only when other remedies had been exhausted.

In Marbury v. Madison (1803), Chief Justice John Marshall held that in authorizing the Supreme Court to issue a writ of mandamus in an original jurisdiction case, Congress had exceeded its constitutional powers. The Constitution made no provision for such a grant of power. However, Marshall indicated that mandamus would be available to support the appellate jurisdiction of the Supreme Court, which by the Constitution was subject to legislative regulation.

The writ of mandamus is rarely used in current Supreme Court practice. It does not replace appeals as a method of correcting judicial error, nor is it available when judicial discretion is involved. Only ministerial acts on the part of inferior courts, public officers, and corporations are subject to control by the writ of mandamus. Normally, mandamus is available only against federal officials or courts. However, in support of its appellate jurisdiction, the Supreme Court may issue a mandamus to the highest court of a state.

Herbert A. Johnson