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Marbury v. Madison: Establishing Judicial Review

Apr 21, 2025

Marbury v. Madison (1803)

Introduction

  • Marbury v. Madison is a key Supreme Court case required for the AP Government curriculum.
  • It's considered one of the most significant cases in Supreme Court history due to its establishment of judicial review.

Background

  • Political Context:
    • The first political parties in the U.S. were the Federalists and the Democratic-Republicans.
    • In the election of 1800, Federalist President John Adams lost to Democratic-Republican Thomas Jefferson.
  • Adams' Strategy:
    • To weaken Democratic-Republican power, Adams filled the judiciary with Federalist judges before leaving office.
    • Many commissions were signed by Adams but some were undelivered when Jefferson took office.
    • Jefferson ordered his Secretary of State to leave these commissions undelivered.

The Case

  • Plaintiff: William Marbury, a would-be judge who did not receive his commission.
  • Defendant: James Madison, Jefferson’s Secretary of State.
  • Legal Action: Marbury sued Madison in the Supreme Court requesting a writ of mandamus (a court order to fulfill legal obligations).

Constitutional Principles

  • Jurisdiction Clauses: Article III of the Constitution outlines the judicial branch's power and jurisdiction.
    • Original Jurisdiction: Supreme Court hears a case first.
    • Appellate Jurisdiction: Supreme Court hears appeals from lower courts.
  • Relevant Article III Conditions: Supreme Court's original jurisdiction only covers cases involving ambassadors or states.

Supreme Court Deliberation

  • Chief Justice John Marshall's Three Questions:
    1. Does Marbury have a legal right to his commission?
    2. Is a writ of mandamus the correct legal remedy?
    3. Does the court have the authority to grant the writ?
  • Decisions:
    • Question 1: Yes, Marbury had a right to his commission.
    • Question 2: Yes, a writ of mandamus would be the proper legal means.
    • Question 3: No, the court does not have the authority to grant it.

Key Outcome

  • The Judiciary Act of 1789’s Article 13 conflicted with Article III of the Constitution regarding original jurisdiction.
  • Marshall's Decision: Article 13, which allowed writs of mandamus, was declared unconstitutional.
  • Impact: This case established the Supreme Court’s power of judicial review, making it the final interpreter of the Constitution.

Significance

  • Judicial Review: The court gained authority to strike down or uphold laws based on their constitutionality.
  • Legacy: Set a precedent for the Supreme Court's role in checking legislative and executive powers.

Conclusion

  • Marbury v. Madison reinforced the judiciary as a co-equal branch of government with the power to interpret the Constitution.
  • Watching additional resources or reviewing summary materials can reinforce understanding of this landmark case.