SCOTUS case- Marbury V. Madison

1 out of the 13 SCOTUS case

Decision year

1803

Important vocabulary and definitions

Judaical Review- declaring something unconstitutional

Constitutional Text(s) or Amendment(s) in Question

Article III- Judicial
Judiciary Act- Congress gives power to SCOTUS (supreme court of the U.S.A)

What are the big Issue(s)/Question(s) of the case

Does Marbury have to his commission, and he sue the federal government for it?
Does the SCOTUS have the authority to order the delivery of the commission?

Describe what happened to make this issue go all the way to the Supreme Court.

John Adams (Federalist) was about to leave office, replaced Thomas Jefferson (Anti-Federalist), and Adams made a lot of appointments at the last minute. Marbury's appointment was delayed and he never got it.

Plaintiff- (1st)
What issues were the plaintiff wanting to resolve?

Wanted his commission delivered and because of the judiciary Act because of the judiciary Act of 1789 the court had the authority to deliver the commission.

Defendant- (2nd)
Why did the defendant not agree with the plaintiff?

Power to enforce should remain with executive, and Jefferson should be able to make his own appointments.

Was is unanimous vote?

Yes

Majority/ Unanimous Opinion

Judiciary Act (1789) was unconstitutional because congress gave power to court they weren't suppose to have. This decision takes power away from the judicial branch.

Explain the Significance of the Ruling

The court does not see itself as the enforcer of the laws. The enforcement of the laws is with the executive branch. The court's role is to interpret the laws, and by interpreting the court can declare if the law is unconstitutional or constitutional. Basically this allows the court to have th power of Judicial Review.