Marbury v. Madison and the Establishment of Judicial Review

Background: The Election of 1800

• Key Figures:
  • Thomas Jefferson (Democrat-Republican)
  • John Adams (Federalist)
• Election Outcome: Jefferson defeats Adams.
• Judicial Appointments:
  • Adams appoints judges in his last days of presidency (known as "Midnight Judges").
  • Jefferson, upon taking office, finds undelivered commissions for Federalist judges.
  • Orders his Secretary of State, James Madison, not to deliver them.

The Case of Marbury

• William Marbury: One of the judges appointed by Adams who didn't receive his commission.
• Legal Action:
  • Marbury petitions the Supreme Court for a writ of mandamus to compel delivery of his commission.

Chief Justice John Marshall's Dilemma

• Marshall's Role:
  • Formerly Secretary of State under Adams; now Chief Justice.
  • Faces political pressure from the new Jefferson administration.
• Congressional Suspension:
  • The Congress suspends the Supreme Court for a year, signaling potential consequences for unfavorable rulings.

The Supreme Court's Decision

• Three Key Questions by Marshall:
  1. Legal Harm:
     • Declares Jefferson's refusal to deliver the commission as illegal.
  2. Remedy:
     • Acknowledges Marbury's right to sue.
  3. Supreme Court's Authority:
     • Analyzes the Judiciary Act of 1789.
     • Declares the expansion of original jurisdiction through this Act as unconstitutional.

The Establishment of Judicial Review

• Significance of the Decision:
  • Marshall voids part of the Judiciary Act of 1789, setting the precedent for judicial review.
  • Establishes the Supreme Court as the sole interpreter of the Constitution.
  • Grants the power to declare laws unconstitutional, defining the court's authority.

Impact

• Judicial Review:
  • Became a fundamental power of the Supreme Court.
  • Marbury v. Madison is a seminal case in U.S. legal history, defining the role and power of the judiciary.