Marbury v. Madison – Key Points

Election and Judiciary Act

• Thomas Jefferson defeated John Adams in the 1800 presidential election.
• Before leaving office (March 1801), Adams and the Federalist Congress passed the Judiciary Act of 1801:
  • Created new federal courts.
  • Added 16 circuit judges and 42 justices of the peace.
  • Expanded presidential appointment power.

Marbury's Appointment and Issue

• William Marbury named Justice of the Peace for the District of Columbia.
• Commission signed and sealed but not delivered; new Secretary of State James Madison refused delivery.

Supreme Court Proceedings

• Marbury (with 3 others) petitioned the Supreme Court for a writ of mandamus compelling delivery.
• Petition relied on Section 13 of the Judiciary Act of 1789, granting the Court original jurisdiction to issue such writs.

Court's Decision (Marshall, 1803)

• Madison’s refusal was illegal.
• Writ of mandamus would be an appropriate remedy.
• Section 13 of the Judiciary Act of 1789 unconstitutionally expanded the Court’s original jurisdiction beyond Article III, Section 2.
• Consequently, the Court lacked authority to issue the writ.

Principle Established

• Judicial Review: Supreme Court can declare congressional statutes unconstitutional.
• Justification: Supremacy Clause makes the Constitution superior to ordinary legislation; Congress cannot alter it through regular laws.