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Marbury v. Madison: Judicial Review Established
Apr 26, 2025
Introduction to Marbury v. Madison Supreme Court Case
Overview
Year
: 1803
Significance
: First landmark Supreme Court case establishing the power of judicial review.
Importance for AP Government Exam
: Sets the stage for future judicial interpretations.
Key Question
: Who interprets the Constitution?
Background
Pre-Marbury
: Constitution was vague on judiciary powers.
Federalist 78
: Written by Alexander Hamilton, argues judiciary is the "least dangerous" branch—no force or will, just judgment.
Brutus' View
: Warns judiciary will strike down laws from Congress and states.
Hamilton vs. Madison and Jefferson
Hamilton's Persuasion
: Argued judiciary is harmless; aimed to convince New Yorkers to ratify the Constitution.
Madison & Jefferson (1798)
: Believed states should interpret the Constitution.
Events Leading Up to the Case
Adams Administration (Midnight Judges Act)
: Passed to maintain Federalist control over judiciary by creating new judgeships.
John Marshall as Chief Justice
: Appointed by John Adams, significant in expanding federal powers.
Midnight Commissions
: John Marshall left commissions to be delivered by James Madison, Secretary of State under Jefferson.
Conflict
James Madison's Refusal
: Refused to deliver commissions to federal judges, including William Marbury.
Marbury's Response
: Filed suit seeking a writ of mandamus from the Supreme Court.
The Supreme Court's Dilemma
Marshall's Quandary
: Risk of executive ignoring court's orders, undermining judiciary power.
Potential Outcome
: Risks similar to Andrew Jackson's era where executive might ignore court's decisions.
Resolution
Judiciary Act of 1789
: Declared unconstitutional by Marshall, stating it improperly expanded court's original jurisdiction.
Judicial Review
: Established by Marshall, allowing courts to nullify unconstitutional laws.
Decision and Legacy
Outcome
: Madison won short term; Marbury did not get his commission.
Long-term Impact
: Supreme Court emerged as powerful interpreter of the Constitution.
Federalist 78 Misconception
: Judiciary turned out to be a powerful branch, not the least dangerous.
Conclusion
Judicial Review's Establishment
: Critical for future Supreme Court cases and interpretations.
Unwritten Constitution
: Concept of judicial review becomes essential part of U.S. legal system.
Key Takeaways
Judicial Review
: Supreme Court's power to declare laws/executive actions unconstitutional.
Marbury v. Madison's Role
: Foundation of modern Supreme Court influence.
Historical Importance
: Central to AP Government and Politics curriculum.
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