The U. Supreme Court case Marbury v. Madison established the principle of judicial review—the power of the federal courts to declare legislative and executive acts unconstitutional.
The unanimous opinion was written by Chief Justice John Marshall. President John Adams named William Marbury as one of forty-two justices of the peace on March 2, The Senate confirmed the nominations the following day, March 3, which was Adams's last full day in office.
When Thomas Jefferson took office on March 4, he ordered that the four remaining commissions be withheld. Marbury sued the new secretary of state, James Madison, in order to obtain his commission. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Only 11 of the 55 delegates to the Constitutional Convention, according to Madison's notes, expressed an opinion on the desirability of judicial review. Of those that did so, nine generally supported the idea and two opposed. One delegate, James Wilson, argued that the courts should have the even broader power to strike down any unjust federal or state legislation.
It may also be worth noting that over half of the thirteen original states gave their own judges some power of judicial review. The act to establish the judicial courts of the United States authorizes the supreme court "to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Early in the lame-duck Federalist Congress enacted a controversial Judiciary Act that created 58 new judgeships, including 42 justiceships of the peace, for Adams to appoint.
Jefferson complained that the Federalists "have retired into the judiciary as a stronghold. He did not, however, deliver the commissions. The next day, after Thomas Jefferson was inaugurated, he directed the new secretary of state, James Madison, to withhold delivery of 17 of the 42 commissions, including that of William Marbury. William Marbury sued for a writ of mandamus to require Madison to hand over his commission. William Marbury The decision in Marbury's case, written by Chief Justice John Marshall the very same John Marshall who affixed the seal to Marbury's commission--talk about a conflict of interest!
It is the first case read by virtually every first-year law student and is generally considered the greatest of all landmark cases. Marshall strained to reach his result. However, it also ruled that the court had no jurisdiction in the case and could not force Jefferson and Madison to seat Marbury.
The Judiciary Act of gave the Supreme Court jurisdiction, but the Marshall court ruled the Act of to be an unconstitutional extension of judiciary power into the realm of the executive. If two laws conflict, Marshall wrote, the court bears responsibility for deciding which law applies in any given case.
Thus, Marbury never received his job. The new Democratic-Republican-controlled Congress easily eliminated most of the midnight judges by repealing the Judiciary Act in They impeached Supreme Court justice Samuel Chase, but acquitted him amidst inner-party squabbles. But if you see something that doesn't look right, click here to contact us! Page, the U. In the The U.
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