Marbury v. Madison (1803)

What are the facts of the case?

• President John Adams (Federalist) appointed William Marbury as a justice of the peace in Washington, D.C.

• Adams’ Secretary of State, John Marshall, failed to deliver Marbury’s commission before Thomas Jefferson (Democratic-Republican) took office.

• Jefferson’s new Secretary of State, James Madison, refused to deliver the commission.

• Marbury sued Madison, asking the Supreme Court to issue a writ of mandamus (a court order forcing a government official to act).

What background events led to the case?

• The case arose from the Judiciary Act of 1801, which Adams passed before leaving office to appoint Federalist judges.

• Jefferson opposed these last-minute appointments and blocked some commissions, leading to the lawsuit.

What law or amendment was in dispute?

• Judiciary Act of 1789, which gave the Supreme Court power to issue writs of mandamus.

• Article III of the Constitution, which defines the powers of the judiciar

What was the Supreme Court’s decision?

• The Court ruled unanimously (4-0) that Marbury had a right to his commission but that the Judiciary Act of 1789 was unconstitutional because it gave the Supreme Court powers beyond what the Constitution allowed.

• This meant the Court could not issue a writ of mandamus to force Madison to deliver the commission.

Who wrote the majority opinion, and what were the key points?

• Chief Justice John Marshall wrote the opinion.

• Key Points:

  1. Marbury had a legal right to his commission.

  2. Madison broke the law by not delivering it.

  3. The Supreme Court did not have the power to enforce it because the Judiciary Act of 1789 was unconstitutional.

What reasoning was used to justify the opinion?

• The Constitution is the supreme law of the land, and any law conflicting with it is invalid.

• The Judiciary Act of 1789 expanded the Supreme Court’s original jurisdiction beyond what the Constitution allowed, making it unconstitutional.

• Since Congress cannot expand the Court’s power, the Supreme Court did not have the authority to issue a writ of mandamus.

What are some important quotes from the decision that support the main opinion?

• “It is emphatically the province and duty of the judicial department to say what the law is.”

• “A law repugnant to the Constitution is void.”

Was there a dissenting opinion?

No. The decision was unanimous (4-0).

Why is Marbury v. Madison important?

• It established judicial review, meaning the Supreme Court has the power to declare laws unconstitutional.

• It strengthened the judicial branch, making it an equal power alongside Congress and the President.

• It set the precedent that the Constitution is the supreme law, and the Supreme Court interprets it.

What precedent did Marbury v. Madison set?

• Judicial review – the Supreme Court can strike down laws that conflict with the Constitution.

• Gave the judiciary power to check Congress and the president.

• Ensured that the Constitution remains the highest authority in the U.S. government.

How does Marbury v. Madison connect to later cases?

• McCulloch v. Maryland (1819) – Reinforced the idea that the Constitution is supreme and states cannot interfere with federal powers.

• United States v. Nixon (1974) – Used judicial review to rule that executive privilege is not absolute.

• Roe v. Wade (1973) & Brown v. Board of Education (1954) – Used judicial review to expand rights and overturn unconstitutional laws.