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Marbury v. Madison

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Marbury v. Madison is a landmark decision from the United States Supreme Court. It was decided in 1803 and changed American law forever. This case established a principle called judicial review. Judicial review is the power of the courts to strike down laws. If a law violates the Constitution, the court can declare it invalid. This decision made the Constitution a real law rather than just a set of shared ideals.

Marbury v Madison John Marshall by Swatjester
Marbury v Madison John Marshall by Swatjester

The case grew from a political rivalry between two presidents. John Adams was the president before Thomas Jefferson. Adams belonged to the Federalist Party. Jefferson belonged to the Democratic-Republican Party. In the election of 1800, Jefferson won the presidency. Adams wanted to keep his party's influence in the government. Just before his term ended in March 1801, he appointed nearly 60 supporters to new roles. These men were often called the "Midnight Judges."

Marshall-john-engraving-LOC-1808
Marshall-john-engraving-LOC-1808

One of these appointees was William Marbury. He was a businessman from Maryland and a strong Federalist. To take a new job, an appointee needed a formal document called a commission. John Marshall was the Secretary of State during the transition. He was also about to become the new Chief Justice of the Supreme Court. Marshall sent his brother, James Marshall, to deliver the documents. Most were delivered, but Marbury's commission was not.

USCapitol1800
USCapitol1800

When Thomas Jefferson took office on March 4, 1801, he had different plans. He told his Secretary of State, James Madison, to withhold the undelivered commissions. Jefferson believed the papers were void because they were not delivered in time. Madison refused to give the papers to Marbury. In December 1801, Marbury sued Madison in the Supreme Court. He asked for a writ of mandamus. A writ of mandamus is a court order. It commands a government official to perform a legal duty.

John Marshall by Henry Inman, 1832
John Marshall by Henry Inman, 1832

Chief Justice John Marshall wrote the opinion for the Court. The Court answered three specific questions in order. First, did Marbury have a legal right to his commission? The Court said yes. The papers were signed and sealed correctly. Second, was there a legal remedy for his problem? The Court said yes. They noted that where there is a legal right, there must be a legal remedy. They said a writ of mandamus was the proper tool to help him.

Marbury v Madison John Marshall by Swatjester
Marbury v Madison John Marshall by Swatjester

The third question was the most important. Could the Supreme Court legally issue that writ of mandamus? To answer this, the Court looked at the Judiciary Act of 1789. This was a law passed by Congress to set up the federal court system. Section 13 of this Act gave the Supreme Court the power to issue such orders. Marbury argued this gave the Court "original jurisdiction" over his case. Original jurisdiction means the Court is the first to hear a case.

Marbury v Madison John Marshall by Swatjester
Marbury v Madison John Marshall by Swatjester

However, the Court found a major conflict in the law. The Constitution defines the Supreme Court's original jurisdiction in Article III. Article III only allows original jurisdiction in very specific cases. These include cases involving U.S. states or foreign leaders. Marbury's case did not fit those categories. The Court ruled that Section 13 of the Judiciary Act tried to expand the Court's power. This expansion went beyond what the Constitution allowed.

Marbury v Madison John Marshall by Swatjester
Marbury v Madison John Marshall by Swatjester

Because the law violated the Constitution, the Court struck down Section 13. This meant the Court could not give Marbury his commission. Even though Marbury lost his job, the Court gained immense power. This established the judicial branch as a co-equal part of the government. It created a system of checks and balances. Now, the courts can ensure that no law goes against the Constitution. This case ensures the United States remains a government of laws, not of men.

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Marshall-john-engraving-LOC-1808.jpg
File:USCapitol1800.jpg
USCapitol1800.jpg
File:Marbury v Madison John Marshall by Swatjester.jpg
Marbury v Madison John Marshall by Swatjester.jpg
File:John_Marshall_by_Henry_Inman,_1832.jpg
John_Marshall_by_Henry_Inman,_1832.jpg
File:Grand Jury Subpoena Duces Tecum to Richard M. Nixon to Testify and Bring Documents or Objects Listed, with Attached Schedule of Documents or Objects to be Produced by or on Behalf of Richard M. Nixon - NARA - 7582824 (page 1).jpg
Grand Jury Subpoena Duces Tecum to...
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