Friday marks the 220th anniversary of one of the most historic decsions ever made by the Supreme Court. Marbury v. Madison was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that they find to violate the Constitution of the United States. Decided in 1803, Marbury is regarded as the single most important decision in American constitutional law. The Court's landmark decision established that the U.S. Constitution is actual law, not just a statement of political principles and ideals, and helped define the boundary between the constitutionally separate executive and judicial branches of the federal government.
BACKGROUND:The case originated in 1801 when outgoing Federalist President John Adams made dozens of last minute appointment to newly created circuit judge and justice of the peace positions in an attempt to frustrate incoming Republican President Thomas Jefferson. The lame duck U.S. Senate quickly confirmed Adams's appointments but outgoing Secretary of State John Marshall was unable to deliver all of the new judges' commissions before Adams's departure and Jefferson's inauguration. Jefferson believed those undelivered commissions were void and instructed Secretary of State James Madison not to deliver them. One of the undelivered commissions belonged to William Marbury. In late 1801 Marbury filed a lawsuit in the Supreme Court asking the Court to issue a writ of mandamus forcing Madison to deliver his commission.
DECISION:
In an opinion written by newly appointed Chief Justice John Marshall (yes, that same John Marshall who had failed to deliver all of the appointments creating this very case) structured the Court's opinion around a series of three questions:
- Did Marbury have a right to his commission? YES
- Is the court issuing a writ of mandamus forcing Madison to deliver his commission the legal remedy to obtain it? YES
- Can the Supreme Court legally issue it? NO
While the Judiciary Act of 1789 did direct the Supreme Court jurisdiction over issues stemming from the appointments of judgeships, Marshall ruled this part of the law was unconstitutional, a concept not heard of until this time, thus, creating our concept of judicial review as we know it. Marbury had argued that the Section 13 of the Judiciary Act gave the Supreme Court the authority to issue the writs however this meant that the Judiciary Act contradicted Article III of the U.S. Constitution and was therefore unconstitutional.
