Marbury V. Madison: Judicial Review And Constitutional Violation

how did marbury v madison violate the constitution

Marbury v. Madison (1803) was a landmark case in US history, as it established the principle of judicial review, a crucial addition to the system of checks and balances. The case arose when William Marbury was issued a commission as a justice of the peace by outgoing President John Adams, but the new Secretary of State, James Madison, refused to deliver it. Marbury sued to obtain his commission, and the Supreme Court, led by Chief Justice John Marshall, ruled in his favour. However, Marshall also declared that the Supreme Court could not issue a writ of mandamus to compel Madison to deliver the commission, as it would exceed the Court's jurisdiction under the Constitution. This case set a precedent for the Supreme Court's power to determine the constitutionality of laws and actions of the other branches of government, ensuring that no single branch becomes too powerful.

Characteristics Values
Year 1803
Case Marbury v. Madison
Plaintiff William Marbury
Defendant James Madison, Secretary of State
Issue Refusal to deliver a commission
Court U.S. Supreme Court
Decision In favour of the plaintiff
Significance Established the doctrine of judicial review
Impact Completed the system of checks and balances
Principle Supremacy of the Constitution

cycivic

The Supreme Court's power

The case of Marbury v. Madison in 1803 established the power of the Supreme Court as the ultimate interpreter of the US Constitution and arbiter of constitutionality. This power, known as judicial review, allows the Court to determine the constitutionality of the actions of the other two branches of government, ensuring that no one branch becomes too powerful.

In Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, asserted its authority to strike down laws or actions that violate the Constitution. The case centred around William Marbury's lawsuit against James Madison, the Secretary of State, for refusing to deliver his commission as a justice of the peace, which had been issued by outgoing President John Adams. Marshall's opinion established a crucial precedent in US constitutional law and the system of checks and balances.

Marshall's decision addressed three key questions. Firstly, he affirmed that Marbury had a right to the commission, and that Madison's refusal to deliver it violated that right. Secondly, he acknowledged that Marbury had a legal remedy available to him. The crucial third question pertained to the jurisdiction of the Court and the nature of that remedy. Marshall recognised a conflict between the Judiciary Act of 1789, which granted the Supreme Court the power to issue writs of mandamus, and Article III of the Constitution, which outlined the Court's original jurisdiction as consisting of appeals and original suits.

Marshall's resolution was a strategic manoeuvre that affirmed the Court's power while avoiding a direct challenge from the executive branch. He concluded that while Marbury's case warranted a writ of mandamus, the Court lacked the authority to issue it because the relevant provision of the Judiciary Act exceeded the Court's constitutional jurisdiction. In essence, Marshall asserted that the Constitution supersedes any ordinary act of legislation, and that Congress cannot grant the Court powers beyond those enumerated in the Constitution.

The Marbury v. Madison decision solidified the Supreme Court's role in interpreting and upholding the Constitution, setting a precedent for future landmark cases. It empowered the Court to invalidate laws or acts that contravene the Constitution, thereby safeguarding against the abuse of power by the legislative and executive branches. This case exemplifies the elasticity and adaptability of the US Constitution, allowing for the interpretation and application of its principles to evolving circumstances.

cycivic

Judicial review

Marbury v. Madison (1803) is a landmark case in US constitutional law, which established the principle of judicial review. Judicial review holds that courts can strike down legislation that violates the Constitution and deem it void.

The case of Marbury v. Madison began when William Marbury was issued a commission as justice of the peace by outgoing President John Adams in 1801. However, the new Secretary of State, James Madison, refused to deliver the commission. Marbury then sued to obtain it.

Chief Justice John Marshall's opinion for the Court articulated and defended the theory of judicial review. Marshall's opinion established the power of the court as the ultimate arbiter of the Constitution. He identified a conflict between the Judiciary Act of 1789 and the Constitution, which provided different parameters for the Court's original jurisdiction. Marshall ruled that Congress could not give the Court powers that were not included in the Constitution, and that the Constitution took precedence over any laws passed by Congress. He stated that judges must take an oath to uphold the Constitution, and that the Supremacy Clause places the Constitution before any other laws.

By establishing the principle of judicial review, the case of Marbury v. Madison completed the system of checks and balances, ensuring that no one branch of the Federal Government could become too powerful. This case has been regarded as one of the Supreme Court's most important decisions, as it affirmed the Court's role in interpreting and upholding the Constitution.

cycivic

Checks and balances

Marbury v. Madison is considered a landmark case in US history, as it established the system of checks and balances, preventing any one branch of the Federal Government from becoming too powerful.

The case arose when William Marbury was issued a commission as justice of the peace by outgoing President John Adams in 1801. However, the new Secretary of State, James Madison, refused to deliver it, leading Marbury to sue to obtain his commission.

Chief Justice John Marshall's opinion for the Court established the principle of judicial review, which holds that courts have the authority to determine the constitutionality of the actions of the other two branches of government and to strike down legislation that violates the Constitution. This was a significant addition to the system of checks and balances, as it ensured that the judiciary could act as a check on the power of the other branches.

Marshall's decision addressed three key questions. Firstly, he affirmed that Marbury had a right to the commission and that Madison's refusal to deliver it was a violation of that right. Secondly, he determined that the law provided Marbury with a remedy, which was a writ of mandamus from the Supreme Court. Finally, and most crucially, Marshall addressed the jurisdiction of the Court. He identified a conflict between the Judiciary Act of 1789, which granted the Supreme Court the power to issue writs of mandamus, and Article III of the Constitution, which listed the Court's original jurisdiction as appeals and original suits. Marshall concluded that Congress could not give the Court powers beyond what was included in the Constitution, and thus declared that the relevant provision of the Judiciary Act was unconstitutional.

By establishing the doctrine of judicial review and affirming the supremacy of the Constitution, the Marbury v. Madison case strengthened the system of checks and balances in the US government. It ensured that the judiciary could act as a check on the power of the executive and legislative branches, preventing the abuse of power and protecting individual rights.

cycivic

Marshall's interpretation of the Constitution

In Marbury v. Madison, Chief Justice John Marshall's interpretation of the Constitution established the principle of judicial review, which is considered one of the foundations of US constitutional law. Marshall's opinion affirmed the power of the Supreme Court to review the constitutionality of Congress's legislative acts and determine the constitutionality of the actions of the other two branches of government.

Secondly, Marshall addressed the question of remedy. He held that Marbury had a right to a remedy for the violation of his rights. However, instead of ordering Madison to comply, Marshall declared that the court had no power to issue a writ of mandamus to compel Madison to deliver the commission. He found that Section 13 of the Judiciary Act of 1789, which granted the court the power of mandamus in original jurisdiction, was inconsistent with the US Constitution. By striking down this section of the act, Marshall affirmed that American courts have the authority to invalidate laws that violate the Constitution, a principle known as judicial review.

Additionally, Marshall's interpretation set a precedent for the Supreme Court's role in constitutional interpretation. The case established that the US Constitution is not just a statement of political principles but actual law that must be adhered to by all branches of government. This interpretation strengthened the authority of the judiciary in interpreting the Constitution and ensuring that only legitimate laws are implemented.

cycivic

Marbury's right to a commission

Marbury v. Madison is a legal case that arose after the administration of US President Thomas Jefferson withheld a judgeship commission from William Marbury. This commission had been formalized in the final days of the preceding John Adams administration but was not delivered before Jefferson's inauguration. Marbury sued to obtain his commission, and the case eventually reached the US Supreme Court.

The Supreme Court, in a decision written by Chief Justice John Marshall, established the principle of judicial review, which became an important addition to the system of "checks and balances". This principle ensured that the judiciary remained a coequal branch of government alongside the legislative and executive branches. Marshall's opinion addressed three key questions:

  • Did Marbury have a right to the commission?
  • If he did, and his right had been violated, did the law provide him with a remedy?
  • If it did, would the proper remedy be a writ of mandamus from the Supreme Court?

The Court held that Marbury had a legal right to the commission. Marshall reasoned that all appropriate procedures had been followed: the commission had been properly signed and sealed. He distinguished between the political acts of the president and the administrative execution of the secretary of state, concluding that the judiciary could review the latter. The Court's decision stated that the delivery of the commission was a custom, not an essential element, and that the transmission of the commission was directed by convenience rather than law.

Turning to the second question, the Court affirmed that the law provided Marbury with a remedy for Madison's unlawful withholding of his commission. Marshall wrote that "where there is a legal right, there is also a legal remedy by suit or action at law, whenever that right is invaded." This statement derived from the ancient Roman legal maxim "ubi jus, ibi remedium" ("where there is a legal right, there is a legal remedy").

In conclusion, Marbury's right to a commission was central to the Marbury v. Madison case as it established the principle of judicial review and the system of checks and balances in the US government. The Supreme Court's decision affirmed Marbury's legal right to the commission and provided a remedy for its unlawful withholding, setting a significant precedent in US constitutional law.

Frequently asked questions

The case was about William Marbury's right to a commission as justice of the peace, which was issued by outgoing President John Adams but not delivered by the new Secretary of State, James Madison.

Chief Justice John Marshall ruled that the Supreme Court could not issue a writ of mandamus to Madison to deliver the commission because doing so would exceed the Court's jurisdiction under Article III of the Constitution.

The case established the principle of judicial review, which holds that courts can strike down legislation that violates the Constitution and is an important addition to the system of checks and balances.

Although Marshall ruled that Marbury had a right to the commission and that a writ of mandamus was the proper remedy, he ultimately declared that the Supreme Court had no power to issue such a writ, as it was unconstitutional.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment