Marbury v. madison (1803)
Background
In his last few hours in office, President John Adams made a series of last minute “midnight appointments” to fill as many government posts as possible with Federalists, his political party. Remember, Adams was quite bitter that he had lost to Jefferson, a Democratic-Republican. One of these appointments was William Marbury as a federal judge. However, Thomas Jefferson took over as President before the appointment was officially granted to Marbury. Jefferson, a Democratic-Republican, instructed the Secretary of State James Madison to not give William Marbury the job. That makes sense right? Why would a new president, a Democratic-Republican, want a Federalist as one of the federal judges. Marbury, however, sued Madison to get the job he felt he deserved. He asked the Supreme Court to issue a writ of mandamus (a court order), requiring Madison to give him the job. The Judiciary Act of 1789, a law passed by Congress, said that the Supreme Court could issue such a court order.
What is the Constitutional Issue?
Whether the Supreme Court of the United States has the power, under Article III of the Constitution, to issue Writs of Mandamus (court orders) as stated in the Congressional law: the Judiciary Act of 1789.
Opinion of the Court
The Supreme Court decided that Marbury’s request for a court order was based on a Congressional law that the Supreme Court found unconstitutional. Nowhere in the Constitution does it say the Supreme Court has the power to issue Writs of Mandamus and so therefore, the Judiciary Act of 1789 was unconstitutional. Unfortunately, for William Marbury, this meant he was not getting his job. But this isn't why this case is so important. The case of Marbury v. Madison is so important because it established judicial review.
In declaring a law passed by Congress to be unconstitutional, the Supreme Court officially established the precedent and concept of JUDICIAL REVIEW. Judicial review is the power of the Supreme Court to determine whether laws passed by Congress or actions taken by the President were constitutional.
In his last few hours in office, President John Adams made a series of last minute “midnight appointments” to fill as many government posts as possible with Federalists, his political party. Remember, Adams was quite bitter that he had lost to Jefferson, a Democratic-Republican. One of these appointments was William Marbury as a federal judge. However, Thomas Jefferson took over as President before the appointment was officially granted to Marbury. Jefferson, a Democratic-Republican, instructed the Secretary of State James Madison to not give William Marbury the job. That makes sense right? Why would a new president, a Democratic-Republican, want a Federalist as one of the federal judges. Marbury, however, sued Madison to get the job he felt he deserved. He asked the Supreme Court to issue a writ of mandamus (a court order), requiring Madison to give him the job. The Judiciary Act of 1789, a law passed by Congress, said that the Supreme Court could issue such a court order.
What is the Constitutional Issue?
Whether the Supreme Court of the United States has the power, under Article III of the Constitution, to issue Writs of Mandamus (court orders) as stated in the Congressional law: the Judiciary Act of 1789.
Opinion of the Court
The Supreme Court decided that Marbury’s request for a court order was based on a Congressional law that the Supreme Court found unconstitutional. Nowhere in the Constitution does it say the Supreme Court has the power to issue Writs of Mandamus and so therefore, the Judiciary Act of 1789 was unconstitutional. Unfortunately, for William Marbury, this meant he was not getting his job. But this isn't why this case is so important. The case of Marbury v. Madison is so important because it established judicial review.
In declaring a law passed by Congress to be unconstitutional, the Supreme Court officially established the precedent and concept of JUDICIAL REVIEW. Judicial review is the power of the Supreme Court to determine whether laws passed by Congress or actions taken by the President were constitutional.