
Marbury v. Madison is a landmark case in US history, establishing the power of judicial review for the Supreme Court and lower federal courts, and confirming the court's role in interpreting the US Constitution. The case centred around a dispute between William Marbury, a Federalist Party leader, and James Madison, the Secretary of State, over Marbury's commission as a justice of the peace. Marbury sued Madison for withholding his commission, which had been signed by outgoing President John Adams but not delivered before Adams left office. The Supreme Court, led by Chief Justice John Marshall, ruled that Madison's refusal was illegal and that Marbury had a legal right to his commission. This case set a precedent for the Supreme Court's authority to declare laws and actions of the executive and legislative branches unconstitutional, thereby strengthening the system of checks and balances in the US government.
| Characteristics | Values |
|---|---|
| Established the power of judicial review | The Supreme Court can declare legislation, executive and administrative actions inconsistent with the U.S. Constitution and therefore null and void |
| Strengthened the federal judiciary | The federal judiciary can check the actions of Congress and the President |
| Established the legitimacy of judicial review | The judiciary is a coequal branch of government alongside the legislative and executive branches |
| Established the primacy of the Constitution | The Constitution is superior to any ordinary act of the legislature |
| Established the principle of checks and balances | The U.S. had a government in which laws could be enacted, interpreted and executed to meet challenging circumstances |
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What You'll Learn

Judicial review
Marbury v. Madison is a landmark case in US constitutional law, which established the power of judicial review for the US Supreme Court and lower federal courts. The case confirmed the right of the courts to determine the constitutionality of the actions of the other two branches of government, the legislative and executive.
The case arose from a dispute over the appointment of William Marbury as a justice of the peace in the District of Columbia. Marbury was one of the "`midnight appointments'" made by outgoing President John Adams in an attempt to preserve Federalist control of the judiciary. Thomas Jefferson, upon taking office, directed his Secretary of State, James Madison, to withhold Marbury's commission, and Marbury petitioned the Supreme Court to compel Madison to act.
The Supreme Court, led by Chief Justice John Marshall, held that Marbury had a legal right to his commission and that Madison's refusal to deliver it was illegal. However, the Court did not order Madison to comply, as it found that the Judiciary Act of 1789, which defined the Supreme Court's jurisdiction, had expanded its powers beyond what was set out in the US Constitution. In doing so, the Court established the principle of judicial review, holding that the courts could invalidate laws that violated the Constitution.
The case strengthened the federal judiciary by giving it the power to declare legislation and executive actions inconsistent with the Constitution and therefore null and void. Judicial review helped ensure that the judiciary remained a coequal branch of government, alongside the legislative and executive, and provided a check on the powers of Congress and the President.
The decision in Marbury v. Madison has been criticised by some legal scholars, who argue that the opinion's logic is strained and based on relatively little textual support. However, the concept of judicial review has since been widely accepted and has formed the basis for several important Supreme Court decisions.
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Supreme Court's power
The case of Marbury v Madison established the power of judicial review for the US Supreme Court and lower federal courts with respect to the Constitution. This power allowed the federal courts to declare legislation, as well as executive and administrative actions, inconsistent with the US Constitution and therefore null and void.
The case confirmed the right of the courts to determine the constitutionality of the actions of the other two branches of government, the legislative and executive branches. This ensured that the judiciary remained a coequal branch of government, alongside the legislative and executive branches.
The case also established the principle of judicial review, an important addition to the system of checks and balances, which was created to prevent any one branch of the Federal Government from becoming too powerful. The Supreme Court's power of judicial review covers actions by the executive branch, including the President and cabinet members. However, this power only extends to matters in which the executive has a legal duty to act or refrain from acting. It does not extend to matters that are entirely within the President's discretion, such as whether to veto a bill or whom to appoint to an office.
In Marbury v Madison, the Supreme Court held that Madison's refusal to deliver Marbury's commission was illegal. The Court also held that it was normally proper in such situations for a court to order the government official in question to deliver the commission. However, the Court did not order Madison to comply. Instead, it found that the Judiciary Act of 1789, which defined the Supreme Court's jurisdiction, had expanded the definition of the Supreme Court's jurisdiction beyond what was originally set forth in the US Constitution. The Court then struck down Section 13 of the Act, announcing that American courts have the power to invalidate laws that they find to violate the Constitution.
The case of Marbury v Madison is widely regarded as one of the Supreme Court's most important opinions, with many subsequent landmark federal cases relying on the judiciary's ability to strike down acts of Congress. It established the legitimacy of judicial review and the primacy of the Constitution over any other source of law.
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Coequal branches
Marbury v. Madison is a landmark case in US constitutional law, which established the power of judicial review for the Supreme Court and lower federal courts. This power of judicial review ensured that the judiciary remained a coequal branch of government, alongside the legislative and executive branches.
The case arose from a dispute over the appointment of William Marbury as a justice of the peace in the District of Columbia. Marbury was appointed by outgoing President John Adams, but his commission was not delivered before Adams left office. The new President, Thomas Jefferson, ordered his Secretary of State, James Madison, to withhold the commission, and Marbury petitioned the Supreme Court to compel Madison to act.
The Supreme Court, led by Chief Justice John Marshall, held that Marbury had a legal right to his commission and that Madison's refusal to deliver it was illegal. However, the Court did not order Madison to comply, as it found that it did not have the jurisdiction to issue a writ of mandamus in this case.
The key significance of Marbury v. Madison lies in the Court's assertion of its power to review the constitutionality of acts of Congress and the executive branch. This power of judicial review was not explicitly mentioned in the Constitution but was established through the Court's interpretation of the document. By striking down Section 13 of the Judiciary Act of 1789 as unconstitutional, the Court asserted its role as the supreme interpreter of the Constitution.
The case strengthened the federal judiciary and the system of checks and balances in the US government. It ensured that the judiciary, as a coequal branch, could check the actions of the legislative and executive branches and prevent them from exceeding their constitutional powers. This power of judicial review has been a basis for many subsequent landmark federal cases and has contributed to the development of constitutional law in the United States.
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Checks and balances
Marbury v. Madison is a significant case in United States history as it established the power of judicial review for the Supreme Court and lower federal courts with respect to the Constitution. This case strengthened the federal judiciary by allowing courts to declare laws, legislation, and executive actions inconsistent with the Constitution as "unconstitutional" and therefore null and void.
The case of Marbury v. Madison exemplifies the system of checks and balances in the US Constitution. Checks and balances are a fundamental aspect of the US government, designed to prevent any one branch from becoming too powerful. This system ensures that each branch of government can limit the powers of the others, creating a balance of power. The three branches of government in the US are the legislative, executive, and judicial branches.
The legislative branch, comprising the House of Representatives and the Senate, is responsible for creating laws. However, the executive branch, led by the President, can check this power by vetoing bills passed by Congress. Similarly, the President can nominate federal judges, but these nominations must be approved by the Senate, thus checking the executive power.
The judicial branch, as established in Marbury v. Madison, has the power of judicial review, which allows it to check the actions of both the legislative and executive branches by determining the constitutionality of their actions. This power ensures that the judiciary remains a coequal branch of government, on par with the other two branches.
In the case of Marbury v. Madison, the Supreme Court asserted its authority to review the constitutionality of a federal law, in this case, the Judiciary Act of 1789. The Court found that Section 13 of the Act, which defined the Supreme Court's jurisdiction, exceeded what was outlined in the Constitution. As a result, the Court struck down that section, declaring that courts could invalidate laws that violated the Constitution.
The Marbury v. Madison case also highlighted the political dilemma faced by the Supreme Court at the time. Issuing a writ of mandamus ordering Madison to deliver Marbury's commission risked being ignored by Jefferson and Madison, undermining the Court's authority. On the other hand, ruling against Marbury would have given Jefferson and the Democratic-Republicans a political victory over the Federalists. This case demonstrated the importance of checks and balances in maintaining a balanced distribution of power among the branches of government.
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Constitutional interpretation
The case of Marbury v. Madison is significant in the context of constitutional interpretation. The decision in this case established the right of the courts to determine the constitutionality of the actions of the other two branches of government, i.e., the legislative and executive branches. This established the legitimacy of judicial review and the primacy of the Constitution over any other source of law.
The case of Marbury v. Madison revolves around the commission of William Marbury as a justice of the peace, which was not delivered by the outgoing Secretary of State, James Madison, before the end of President John Adams's term. Marbury petitioned the Supreme Court to issue a writ of mandamus, a type of court order commanding Madison to deliver the commission. The Supreme Court, in a decision written by Chief Justice John Marshall, held that Marbury had a legal right to his commission and that Madison's refusal to deliver it was illegal.
The Court's decision in Marbury v. Madison had important implications for constitutional interpretation. Firstly, it established the power of judicial review for the Supreme Court and lower federal courts with respect to the Constitution. This meant that the federal courts could declare legislation, executive actions, and administrative actions inconsistent with the Constitution and therefore null and void. The exercise of judicial review helped ensure that the judiciary remained a coequal branch of government alongside the legislative and executive branches.
Secondly, the case of Marbury v. Madison strengthened the federal judiciary by establishing its power to invalidate laws that violated the Constitution. The Court found that Section 13 of the Judiciary Act of 1789, which defined the Supreme Court's jurisdiction, expanded its powers beyond what was set forth in the Constitution. By striking down this section of the Act, the Court asserted its authority to interpret the Constitution and determine the constitutionality of laws.
Finally, Marbury v. Madison established the principle of judicial review as an important addition to the system of checks and balances in the US government. This system was designed to prevent any one branch from becoming too powerful, and the power of judicial review ensured that the judiciary could check the actions of the legislative and executive branches.
In conclusion, the case of Marbury v. Madison is significant in constitutional interpretation as it established the right of the courts to interpret the Constitution and determine the constitutionality of the actions of the other branches of government. This case strengthened the federal judiciary and ensured its role as a coequal branch of government through the power of judicial review.
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Frequently asked questions
Marbury v. Madison established the power of judicial review for the U.S. Supreme Court and lower federal courts with respect to the Constitution. This allowed the federal courts to declare legislation, executive and administrative actions inconsistent with the U.S. Constitution and therefore null and void.
The Supreme Court held that Madison's refusal to deliver Marbury's commission was illegal. However, the Court did not order Madison to comply. Instead, they struck down Section 13 of the Judiciary Act of 1789, which had expanded the definition of the Supreme Court's jurisdiction beyond what was set out in the U.S. Constitution.
The case arose from a "midnight appointment" by outgoing President John Adams, who appointed several Federalists to new judgeships in an attempt to maintain his party's control of the judiciary. One of these appointees was William Marbury, who did not receive his commission before Thomas Jefferson took office. Jefferson then directed his Secretary of State, James Madison, to withhold the commission, leading Marbury to petition the Supreme Court.
Marbury v. Madison established the principle of judicial review and strengthened the federal judiciary, confirming its power to determine the constitutionality of the actions of the other two branches of government. This added an important check on the legislative and executive branches, ensuring that the judiciary remained a coequal branch of government.

























