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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.