Isabella Carter
In Marbury v Madison, Chief Justice John Marshall established the principle of judicial review, which is now considered one of the foundations of US constitutional law. Marshall ruled that the Constitution was supreme to all laws, including the Judiciary Act of 1789, as outlined in the Supremacy Clause. This clause, found in Article VI of the US Constitution, states that the Constitution is the supreme law of the United States, and any laws made must be in pursuance thereof. Marshall's interpretation of this clause has had a significant impact on the role of the Supreme Court, giving it the power to invalidate laws passed by Congress that are deemed unconstitutional.
| Characteristics | Values |
|---|---|
| Landmark Supreme Court case | McCulloch v. Maryland |
| Issue addressed | Federal power and commerce |
| Decision | The Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government |
| Clause of the US Constitution | "Elastic Clause" |
| Chief Justice | John Marshall |
| Decision | One of the most important decisions regarding the expansion of Federal power |
| Case involved | The power of Congress to charter a bank |
| Broader issue | Division of powers between state and the Federal Government |
| Year | 1819 |
| Other case | Marbury v. Madison |
| Year | 1803 |
| Decision | Established the right of the courts to determine the constitutionality of the actions of the other two branches of government |
| Chief Justice | John Marshall |
| Principle established | Principle of judicial review |
| Clause | Supremacy Clause |
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What You'll Learn
Marshall's role in Marbury v. Madison
John Marshall, Chief Justice of the United States, played a significant role in the landmark case of Marbury v. Madison. The case originated in 1801, stemming from a rivalry between outgoing President John Adams and incoming President Thomas Jefferson. In the final days of his presidency, Adams appointed several dozen supporters of the Federalist Party to new circuit judge and justice of the peace positions, in an attempt to frustrate the incoming Democratic-Republicans.
John Marshall, as the acting secretary of state, signed and sealed these commissions, but was unable to deliver all of them before Adams left office. One of these undelivered commissions belonged to William Marbury, a Maryland businessman and supporter of Adams. Jefferson believed these undelivered commissions were void and instructed his new secretary of state, James Madison, not to deliver them.
In December 1801, Marbury filed a lawsuit in the Supreme Court, asking the Court to issue a writ of mandamus forcing Madison to deliver his commission. Marshall, despite having played a role in the underlying dispute, did not recuse himself from the case. He wrote the opinion for the Court, stating that Madison's refusal to deliver Marbury's commission was illegal. However, the Court did not order Madison to comply.
Instead, Marshall examined the law that defined the Supreme Court's jurisdiction in such cases, Section 13 of the Judiciary Act of 1789, and found that it had expanded the Court's jurisdiction beyond what was originally set forth in the Constitution. This established the principle of judicial review, which holds that the Supreme Court has the authority to review the constitutionality of Congress's legislative acts. The decision in Marbury v. Madison thus completed the system of checks and balances in the US Constitution, defining the boundary between the constitutionally separate executive and judicial branches of the federal government.
In conclusion, John Marshall's role in Marbury v. Madison was significant as he wrote the Court's opinion, which established the principle of judicial review and reinforced the role of the Supreme Court in interpreting the Constitution.
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Judicial review
The case of Marbury v. Madison in 1803 was the first instance of the Supreme Court of the United States striking down a law passed by Congress. In this case, Chief Justice John Marshall's opinion articulated and defended the theory of judicial review, which holds that courts have the power to strike down legislation that violates the Constitution.
In this case, Marshall ruled that Madison's refusal to deliver Marbury's commission was illegal. The Court also held that it was normally proper for a court to order the government official in question to deliver the commission. However, the Court did not order Madison to comply. Instead, the Court examined the law that defined its jurisdiction over cases like Marbury's—Section 13 of the Judiciary Act of 1789—and found that the Act had expanded its jurisdiction beyond what was originally set forth in the Constitution. The Court then struck down Section 13, declaring that courts have the power to invalidate laws that violate the Constitution.
Marshall gave several reasons in favour of judicial review. He reasoned that Article III of the Constitution, which states that the Court can decide cases arising "under this Constitution", implies that the Court can strike down laws conflicting with it. This, Marshall wrote, meant that the Founders intended for the judiciary to interpret and use the Constitution when judging cases. He also pointed to federal judges' oaths of office, in which they swear to discharge their duties impartially and "agreeably to the Constitution and laws of the United States". Lastly, Marshall argued that judicial review is implied in the Supremacy Clause of Article VI, which declares that the supreme law of the US is the Constitution and laws made "in Pursuance thereof".
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Checks and balances
The US Constitution is a document that establishes a system of checks and balances to prevent any single branch of the government from concentrating power. It formally establishes the "trias politica" or the Separation of Powers doctrine, dividing political authority among the three co-equal branches of government: the legislative, executive, and judicial branches.
The legislative branch is responsible for making laws, the executive branch for implementing them, and the judicial branch for interpreting them. The Constitution also grants Congress the power to impeach and remove officials, including judges and the President. The President, on the other hand, has the power to veto legislation passed by Congress, but Congress can override the veto with a two-thirds vote.
The judicial branch, headed by the Supreme Court, interprets the laws and ensures they align with the Constitution through judicial review. This power was first asserted by Supreme Court Justice John Marshall in Marbury v. Madison in 1803, establishing the right of the courts to determine the constitutionality of the actions of the other two branches.
The system of checks and balances is maintained through various mechanisms. For example, the Appointments Clause mandates that officials with significant power must be nominated by the President and confirmed by the Senate, ensuring accountability and transparency. Bicameralism, or the presence of two chambers in the legislative branch (the House of Representatives and the Senate), also reduces legislative predominance.
The Founding Fathers designed this system to be dynamic, adaptable, and resilient, ensuring that no single entity could dominate the governance of the Republic. Effective checks and balances require active participation and vigilance from all three branches, as well as from the American populace.
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Federal power and commerce
The Commerce Clause, found in Article 1, Section 8, Clause 3 of the US Constitution, is a critical source of federal power. It grants Congress the authority to "regulate commerce with foreign nations, among states, and with the Indian tribes". This clause has been interpreted broadly, impacting numerous aspects of American life and shaping the boundaries between federal and state power.
The interpretation of the Commerce Clause has been contentious, with debates over the meaning of "commerce". Some scholars argue for a narrow interpretation, equating it with "trade" or "exchange". Others claim that the framers intended a broader scope, encompassing commercial and social intercourse between citizens of different states. The Supreme Court initially interpreted this power narrowly, focusing on the direct movement of goods across state lines. However, as the economy evolved, the Court recognised the clause's broader authority.
The Commerce Clause empowers Congress to regulate various economic activities, including instrumentalities like roads, railways, and the internet, as well as actions that substantially affect interstate commerce, even if they occur within a single state. This broad interpretation enables the federal government to address national challenges and manage a complex economy. For example, in United States v. Wrightwood Dairy Co. (1942), the Court upheld federal price regulation of intrastate milk commerce, asserting that Congress's power over interstate commerce is plenary and complete.
However, there is ongoing tension between federal and state powers. The Tenth Amendment recognises the powers of state governments, and the Commerce Clause has been interpreted as a restraint on state powers. It prohibits states from passing legislation that discriminates against or excessively burdens interstate commerce, such as protectionist policies favouring in-state businesses. Landmark Supreme Court cases, such as Gibbons v. Ogden (1824) and Gonzales v. Raich (2005), have further defined the limits of federal power under the Commerce Clause.
In conclusion, the Commerce Clause is a vital tool for federal power, enabling Congress to regulate commerce and address national economic challenges. However, its interpretation and application are complex, with ongoing debates and court rulings shaping the boundaries between federal and state authority.
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The elastic clause
> "The Congress shall have Power... [t]o make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
- The powers should be for carrying out other powers of the federal government already expressly mentioned in the Constitution.
- The powers should be necessary.
- The powers should be proper.
The first practical example of the Elastic Clause in action came in 1791, when Alexander Hamilton used it to argue for the creation of a national bank. Hamilton claimed that Congress's power to levy taxes and borrow money meant it could also create a national bank to facilitate these activities. This interpretation was challenged by Maryland in 1819, but the Supreme Court ruled in McCulloch v. Maryland that the Elastic Clause gave Congress implied powers to create a national bank. Chief Justice John Marshall wrote:
> "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional."
The Necessary and Proper Clause was included in the Constitution to address the shortcomings of the Articles of Confederation, which limited federal power to only those powers expressly delegated to the United States. The Elastic Clause has been a powerful tool for Congress to expand its powers and has been used to justify a wide variety of federal laws, including those related to interstate commerce and antidiscrimination.
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Frequently asked questions
Chief Justice John Marshall established the principle of judicial review, which gave the Supreme Court the power to determine the constitutionality of the actions of the other two branches of government.
The case is regarded as the most important decision in American constitutional law as it established the federal judges' authority to review the constitutionality of Congress's legislative acts.
Chief Justice John Marshall ruled in favor of the Federal Government, concluding that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government.
The case upheld the constitutionality of the Second Bank of the United States and established the principle that the states could not tax federal institutions.
Marshall argued that a Virginia law providing for the confiscation of debts owed to British subjects was a legitimate exercise of the state's power, but the Supreme Court ruled against him, citing the Treaty of Paris and the Supremacy Clause of the Constitution.
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