
Marbury v. Madison is a landmark case in US history, establishing the power of judicial review for the Supreme Court and lower federal courts. The case arose from a dispute between William Marbury, a Federalist Party leader, and James Madison, the Secretary of State, over Marbury's appointment as a justice of the peace by outgoing President John Adams. Marbury sued Madison to obtain his commission, which Madison had refused to deliver under the direction of incoming President Thomas Jefferson. The Supreme Court's decision, led by Chief Justice John Marshall, established the principle of judicial review, allowing federal courts to declare legislation and executive actions unconstitutional and solidifying the Court's role as the interpreter of the Constitution. This case marked a pivotal moment in the US system of checks and balances, ensuring no single branch of the federal government held excessive power.
| Characteristics | Values |
|---|---|
| Established the power of | Judicial review |
| Established the right of the courts to | Determine the constitutionality of the actions of the other two branches of government |
| Cemented the Court's status as | The ultimate interpreter of the Constitution |
| Delineated the limits of the Supreme Court's original jurisdiction | Stating that political questions are not reviewable by federal courts |
| Described the limitations on federal courts' jurisdiction | Set forth in Article III of the Constitution |
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What You'll Learn
- The principle of judicial review
- The Supreme Court's status as the ultimate interpreter of the Constitution
- The limits of the Supreme Court's original jurisdiction
- The limitations on federal courts' jurisdiction
- The right of the courts to determine the constitutionality of the actions of the other two branches of government

The principle of judicial review
The case of Marbury v. Madison in 1803 established the principle of judicial review, which gave federal courts the power to review the constitutionality of actions taken by the other two branches of government: the legislative and executive branches. This power of judicial review ensured that the judiciary remained a coequal branch of government, alongside the other two.
The background of the case was that in the final weeks of his presidency, John Adams, a Federalist, created several new judgeships, which he filled with Federalists, including William Marbury as a justice of the peace. However, Marbury did not receive his commission before Thomas Jefferson, a Democratic-Republican, took office. Jefferson directed his secretary of state, James Madison, to withhold the commission, so Marbury sued Madison to obtain it.
The Supreme Court, led by Chief Justice John Marshall, recognized the dilemma: if the court issued a writ of mandamus ordering Madison to deliver the commission, Jefferson could simply ignore it, as the court had no power to enforce its decision. On the other hand, refusing to issue the writ would make the judiciary seem weak in comparison to the executive branch. Marshall used this opportunity to establish the principle of judicial review, which allowed the federal courts to declare that legislation or executive actions were inconsistent with the US Constitution and therefore null and void.
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The Supreme Court's status as the ultimate interpreter of the Constitution
The case of Marbury v. Madison in 1803 established the power of judicial review for the U.S. Supreme Court and lower federal courts with respect to the Constitution. This power of judicial review would help to ensure that the judiciary remained a coequal branch of government alongside the legislative and executive branches. The case cemented the Court's status as the ultimate interpreter of the Constitution.
In the weeks before Thomas Jefferson’s inauguration as president in 1801, the lame-duck Federalist Congress created several new judgeships, which outgoing President John Adams filled with Federalists. One of these so-called "midnight appointments" was William Marbury, a Federalist Party leader from Maryland. However, Marbury did not receive his commission before Jefferson became president. Once in office, Jefferson directed his secretary of state, James Madison, to withhold the commission. Marbury then petitioned the Supreme Court to compel Madison to act, arguing that signing and sealing the commission had completed the transaction.
The Supreme Court's decision in Marbury v. Madison established the right of the courts to determine the constitutionality of the actions of the other two branches of government. Chief Justice John Marshall recognised that the case presented a dilemma: if the court issued a writ of mandamus, Jefferson could simply ignore it, as the court had no power to enforce it. On the other hand, if the court refused to issue the writ, it would appear that the judicial branch had backed down to the executive.
By establishing the principle of judicial review, the case of Marbury v. Madison completed the system of checks and balances in the U.S. government. This system allowed for the interpretation and execution of laws to meet challenging circumstances. The case also delineated the limits of the Supreme Court's original jurisdiction, stating that political questions are not reviewable by the federal courts. It described the limitations on federal courts' jurisdiction set forth in Article III of the Constitution.
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The limits of the Supreme Court's original jurisdiction
Marbury v. Madison is a landmark case in the history of the US Supreme Court. The case arose from Thomas Jefferson's refusal to deliver commissions to William Marbury and other "midnight appointments" made by outgoing President John Adams. Marbury petitioned the Supreme Court to issue a writ of mandamus—a legal order compelling Madison, Jefferson's secretary of state, to act.
The case directly presented a relatively minor issue. However, Chief Justice Marshall recognised that it was a perfect opportunity to establish a basic principle: judicial review. This principle would secure the Supreme Court's primary role in interpreting the Constitution.
In Marbury v. Madison, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus. However, the Court noted that the Constitution did not permit it to have original jurisdiction in this matter. Article VI of the Constitution establishes it as the supreme law, and so an Act of Congress contrary to it could not stand.
The Marbury v. Madison decision delineated the limits of the Supreme Court's original jurisdiction. It stated that political questions are not reviewable by federal courts and described the limitations on their jurisdiction set forth in Article III of the Constitution. While the case limited federal court jurisdiction, it cemented the Supreme Court's status as the ultimate interpreter of the Constitution.
Article III, Section 2 of the Constitution grants the Supreme Court original jurisdiction over select cases, including those affecting ambassadors, other public ministers and consuls, and those in which one of the 50 states is a party. The Court has appellate jurisdiction (hearing a case on appeal) on almost any other case involving a point of constitutional or federal law.
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The limitations on federal courts' jurisdiction
Marbury v. Madison is a legal case that established the power of judicial review for the U.S. Supreme Court and lower federal courts with respect to the Constitution. The case involved a lawsuit filed by William Marbury, a Maryland businessman and Federalist Party leader, who did not receive his commission as a justice of the peace before Thomas Jefferson became president in 1801. Marbury petitioned the Supreme Court to issue a writ of mandamus to compel James Madison, the secretary of state, to deliver his commission.
The Supreme Court, led by Chief Justice John Marshall, ruled in favour of Marbury, declaring that Madison's withholding of the commission was illegal. However, the Court also ruled that it could not grant Marbury's requested writ of mandamus. This ruling established the principle of judicial review, which allows federal courts to declare legislation and executive actions inconsistent with the U.S. Constitution ("unconstitutional") and therefore null and void.
The case outlined the limits of the Supreme Court's original jurisdiction, stating that political questions are not reviewable by federal courts. It also described the limitations on federal courts' jurisdiction set forth in Article III of the Constitution. While Marbury v. Madison limited the federal court's jurisdiction, it cemented the Court's status as the ultimate interpreter of the Constitution.
The Court's interpretation of the Judiciary Act of 1789, which established the American federal court system, was crucial to the case. The Court found that the Act had expanded the Supreme Court's original jurisdiction beyond what was outlined in the Constitution. Specifically, the Court ruled that Congress could not increase the Supreme Court's original jurisdiction and that the relevant portion of Section 13 of the Judiciary Act violated Article III of the Constitution. By striking down this section, the Court asserted its power of judicial review and removed any jurisdiction it had over Marbury's case, resulting in the denial of his requested writ.
In conclusion, Marbury v. Madison established important limitations on federal courts' jurisdiction, including the exclusion of political questions from their scope of review and the reinforcement of the boundaries set by the Constitution. This case not only shaped the federal judiciary but also ensured its position as a coequal branch of government alongside the legislative and executive branches.
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The right of the courts to determine the constitutionality of the actions of the other two branches of government
Marbury v. Madison is a significant Supreme Court case that established the right of the judiciary to review the constitutionality of the actions of the executive and legislative branches. This case cemented the principle of judicial review, empowering the federal courts to declare legislation or executive actions inconsistent with the US Constitution and therefore null and void.
The case arose from a dispute over the appointment of William Marbury as a justice of the peace by outgoing President John Adams in 1801. Marbury, a Federalist Party leader, was among the last of Adams's "midnight appointments" before Thomas Jefferson took office as president. Jefferson directed his secretary of state, James Madison, to withhold Marbury's commission, which prompted Marbury to petition the Supreme Court to compel Madison to act.
Chief Justice John Marshall recognised the opportunity to establish a fundamental principle: judicial review. By asserting the right to review the actions of the other two branches of government, the judiciary secured its role as a coequal branch, essential in maintaining the system of checks and balances intended by the Constitution. This decision ensured that the courts could interpret the Constitution and safeguard against potential abuses of power by the executive or legislative branches.
The power of judicial review strengthened the federal judiciary and enhanced its independence and authority. It provided a mechanism for individuals to seek redress if their rights were violated by the actions of the executive or legislative branches. Marbury v. Madison set a precedent, allowing the Supreme Court and lower federal courts to review the constitutionality of laws and executive actions, ensuring they align with the nation's founding document.
Overall, Marbury v. Madison's decision established the judiciary as a critical check on the power of the other branches, contributing to the balance of power and ensuring that the US Constitution remains the ultimate authority in the nation's governance.
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Frequently asked questions
Marbury v. Madison was a Supreme Court case in 1803 that established the right of the courts to determine the constitutionality of the actions of the other two branches of government.
The decision in this case established the power of judicial review for the Supreme Court and lower federal courts with respect to the Constitution. This allowed the federal courts to declare legislation or executive and administrative actions inconsistent with the US Constitution and therefore null and void.
The case involved William Marbury, Thomas Jefferson, James Madison, and John Marshall. Marbury was a Federalist Party leader from Maryland who was appointed as a justice of the peace by outgoing President John Adams. However, the new Secretary of State, James Madison, refused to deliver the commission. Marbury then sued to obtain it, with the case ultimately being heard by Chief Justice John Marshall.
Marbury v. Madison was significant because it completed the system of checks and balances in the US government, ensuring that no one branch could become too powerful. It also cemented the Supreme Court's status as the ultimate interpreter of the Constitution.

























