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Master the foundational constitutional law case that established judicial review and the Supreme Court's power to declare laws unconstitutional.
Marbury v. Madison (1803) is arguably the most important case in American constitutional law, establishing the principle of judicial review - the power of federal courts to declare laws and executive actions unconstitutional. Chief Justice John Marshall's masterful opinion created the foundation for the modern role of the judiciary as a co-equal branch of government with the power to check legislative and executive authority.
This case is essential for understanding constitutional law, separation of powers, and the role of the federal judiciary. It demonstrates how the Supreme Court established its own power while navigating delicate political circumstances, creating precedent that continues to shape American government today.
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)
In the final days of John Adams' presidency, Adams appointed William Marbury and others as justices of the peace. The Senate confirmed these "midnight judges," but Secretary of State John Marshall failed to deliver all the commissions before Adams left office. When Thomas Jefferson became president, his Secretary of State James Madison refused to deliver Marbury's commission. Marbury sued directly in the Supreme Court under the Judiciary Act of 1789, seeking a writ of mandamus to compel Madison to deliver his commission.
Does the Supreme Court have the power to issue a writ of mandamus under the Judiciary Act of 1789, and more fundamentally, can the Supreme Court declare acts of Congress unconstitutional?
The Supreme Court has the power of judicial review - the authority to declare laws unconstitutional when they conflict with the Constitution. The Constitution is supreme law, and courts must refuse to enforce unconstitutional statutes. However, the Court's jurisdiction is limited to what the Constitution grants.
The Court held that while Marbury had a right to his commission, the Supreme Court lacked jurisdiction to issue the writ of mandamus because the relevant provision of the Judiciary Act of 1789 was unconstitutional. The Court declared that Congress cannot expand the Supreme Court's original jurisdiction beyond what the Constitution specifies.
Chief Justice Marshall reasoned that the Constitution is supreme law that binds all government actors. When a statute conflicts with the Constitution, courts must choose which to follow. Since the Constitution is supreme, courts must declare conflicting statutes void. Marshall argued that judicial review is implicit in the judicial power and necessary for maintaining constitutional limits on government. The Court found that Section 13 of the Judiciary Act unconstitutionally expanded the Court's original jurisdiction.
Marbury established judicial review as a fundamental principle of American constitutional law, making the judiciary a co-equal branch of government with power to check legislative and executive authority. The decision created the framework for constitutional interpretation and judicial supremacy that continues today. Marshall's political genius allowed the Court to establish its power while avoiding direct confrontation with Jefferson's administration.
Judicial review is the power of federal courts to examine laws and executive actions and declare them unconstitutional if they conflict with the Constitution. This power makes courts the final arbiters of constitutional meaning and allows them to check legislative and executive power.
While the Court found that Marbury had a legal right to his commission, it ruled that the Supreme Court lacked jurisdiction to order Madison to deliver it because the Judiciary Act provision granting that jurisdiction was unconstitutional.
Marshall's genius was ruling that while Marbury was wronged, the Court couldn't help him due to jurisdictional limits. This avoided ordering Jefferson's administration to act while establishing the Court's power to declare laws unconstitutional - a much greater long-term victory.
The Constitution doesn't explicitly mention judicial review, but Marshall argued it's implicit in the judicial power and necessary for maintaining constitutional supremacy. The power flows from the Constitution's status as supreme law and the courts' duty to interpret law.
Marbury v. Madison stands as the cornerstone of American constitutional law, establishing judicial review and the Supreme Court's role as the final arbiter of constitutional meaning. Marshall's brilliant opinion created the foundation for the modern judiciary while navigating treacherous political waters with remarkable skill.
Understanding Marbury is essential for law students studying constitutional law, as it established the basic framework for judicial power that continues today. The case demonstrates how legal doctrine can emerge from political necessity and shows the enduring importance of constitutional interpretation in American government. Every subsequent case involving judicial review traces back to this foundational decision.