Overview
This lecture explains the historical context, key details, and significance of the Supreme Court case Marbury v. Madison (1803), establishing judicial review in the United States.
The Judicial Branch and Its Powers
- Article 3 of the U.S. Constitution creates the judicial branch, empowering it to interpret the Constitution and federal laws.
- Section 2 of Article 3 implies the Supreme Court decides if laws are constitutional.
- Before 1803, the judicial branch had not exercised this interpretative power.
The Principles of '98 and State vs. Federal Authority
- In 1798, Jefferson (Kentucky Resolution) and Madison (Virginia Resolution) argued states should judge federal law constitutionality if the judiciary doesn't act.
- These are known as the "principles of '98" or "compact theory," asserting states' rights to nullify unconstitutional federal laws.
The Judiciary Act of 1789 and Mandamus
- The Judiciary Act of 1789 created a three-tiered federal court system: district courts, circuit courts, and the Supreme Court.
- The Act granted the Supreme Court the power of mandamus (forcing government officials to act via court order).
Political Context: The Election of 1800 and Court Packing
- Federalists lost control of the executive and legislative branches to Democratic-Republicans in 1800.
- The outgoing Federalist Congress passed the Judiciary Act of 1801 ("Midnight Judges Act") to create more judicial seats and fill them with Federalist judges.
- Adams appointed many judges in his final days; not all commissions were delivered before Jefferson took office.
The Origin of Marbury v. Madison
- William Marbury, a Federalist appointee, did not receive his commission due to Jefferson and Madison withholding it.
- Marbury sued Madison to obtain his commission, resulting in the Supreme Court case.
The Supreme Court's Decision and Judicial Review
- Chief Justice John Marshall led the Supreme Court in addressing three questions:
- Did Marbury deserve his commission? (Yes)
- Was there a legal remedy? (Yes)
- Was a writ of mandamus from the Supreme Court constitutional? (No)
- Marshall declared the Judiciary Act's mandamus provision unconstitutional, striking down a federal law for the first time.
- This established the precedent of judicial review: the Supreme Court can declare laws unconstitutional.
Key Terms & Definitions
- Judicial Review — The power of courts to declare laws unconstitutional.
- Mandamus — A court order requiring a government official to perform their duty.
- Principles of '98/Compact Theory — The belief that states can nullify unconstitutional federal laws.
- Midnight Judges — Judges appointed by John Adams just before leaving office.
Action Items / Next Steps
- Review key arguments and outcomes of Marbury v. Madison.
- Understand the significance of judicial review in U.S. government structure.