Notes on Marbury v. Madison (1803)

Introduction

Marbury v. Madison is a landmark Supreme Court case from 1803.
It established the principle of "judicial review," enabling federal courts to void Congressional acts conflicting with the Constitution.
This case positioned the Supreme Court as an equal branch of government alongside Congress and the Executive.

In the 1800 election, Thomas Jefferson's Democratic-Republican Party defeated John Adams's Federalists.
Adams, in a last-minute effort, appointed numerous justices of peace for D.C., approved and signed by the Senate, but the commissions weren't delivered.
When Jefferson became President on March 5, 1801, he instructed James Madison, Secretary of State, not to deliver these commissions.

William Marbury, one of the appointees, petitioned the Supreme Court for a writ of mandamus to compel Madison to deliver his commission.
Chief Justice John Marshall had to resolve three main questions:
1. Did Marbury have a right to the writ?
2. Do U.S. laws allow courts to grant such a writ?
3. Could the Supreme Court issue the writ?

Right to the Writ: Marbury was properly appointed and had a right to the writ.
Legal Remedy: As Marbury had a legal right to his commission, the law should afford him a remedy. Marshall emphasized the courts’ duty to protect individual rights, even against the President.
Judicial Review: The Supreme Court couldn't grant the writ because Section 13 of the Judiciary Act of 1789 was unconstitutional for extending original jurisdiction beyond Constitutional limits.

Original jurisdiction in the U.S. Constitution only covers cases involving ambassadors, public ministers, consuls, and states.
Congress exceeded its authority by extending original jurisdiction to cases like Marbury's.
The Court must uphold the Constitution as the "supreme law of the land."

Marbury was denied his commission, which benefited Jefferson.
Jefferson was displeased with the principles asserted by Marshall, particularly judicial review.
Marshall did not assert the Supreme Court as the sole interpreter of the Constitution but established its authority.

Marshall’s decision began the Supreme Court's rise as an equal branch of government.
The Court often cited Marbury v. Madison when affirming its legitimacy and power.

Alex McBride: Third-year law student at Tulane Law School, articles editor for TULANE LAW REVIEW, recipient of the Ray Forrester Award in Constitutional Law.
Future clerk for Judge Susan Braden on the U.S. Court of Federal Claims in 2007.