Eleanor Finch
Marbury v. Madison is a landmark case that established the power of judicial review for the US Supreme Court and lower federal courts, reflecting the principle that a law repugnant to the US Constitution is void. This case confirmed that the Constitution is superior to any ordinary act of the legislature and that courts are bound by its principles. The decision in Marbury v. Madison has had a significant impact on the federal judiciary, allowing them to declare legislation and executive actions inconsistent with the Constitution as unconstitutional and null and void.
| Characteristics | Values |
|---|---|
| Judicial review | The power of the judiciary to declare legislation, executive and administrative actions inconsistent with the U.S. Constitution and therefore null and void |
| Supremacy of the Constitution | The Constitution is superior to any ordinary act of the legislature |
| Writ of mandamus | A court order that commands a government official to perform an act his official duties legally require him to perform |
| Jurisdiction | The Supreme Court's jurisdiction over types of cases like Marbury's |
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What You'll Learn
Judicial review
Marbury v. Madison is a landmark case in United States history, which established the power of judicial review for the Supreme Court and lower federal courts. This power holds that courts can strike down legislation that is inconsistent with or violates the Constitution, deeming it null and void.
In the case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, recognised that it had the authority to issue writs of mandamus in suits within its original jurisdiction. However, the Court declined to issue the writ, concluding that Congress had exceeded its constitutional authority in expanding the Court's original jurisdiction. This decision confirmed the principle that a law repugnant to the Constitution is void, and that courts are bound by the Constitution.
The case centred around William Marbury, a Federalist Party leader, who was denied his commission as a justice of the peace by the incoming Secretary of State, James Madison, under the orders of President Thomas Jefferson. Marbury petitioned the Supreme Court to compel Madison to deliver his commission, arguing that the appointment was complete once signed and sealed. The Court agreed that Marbury had a legal right to his commission and that Madison's refusal was a "violative of a vested legal right".
The Supreme Court's opinion, written by Chief Justice Marshall, articulated and defended the theory of judicial review. This opinion established the legitimacy of judicial review and confirmed the primacy of the Constitution over any other source of law. The Court's decision to strike down Section 13 of the Judiciary Act of 1789 as unconstitutional affirmed the power of judicial review and ensured the judiciary's coequal status alongside the legislative and executive branches of government.
The case of Marbury v. Madison is significant as it strengthened the federal judiciary and secured the Supreme Court's primary role in interpreting the Constitution. The exercise of judicial review empowers the judiciary to check the actions of Congress and the President, ensuring that laws and actions are consistent with the Constitution.
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Supreme Court's role in interpreting the Constitution
The Supreme Court is the highest court in the United States, and it plays a crucial role in interpreting the Constitution. The Court's power of judicial review, established in Marbury v. Madison (1803), allows it to declare acts of Congress or the Executive unconstitutional. This power ensures that each branch of government recognises its own limitations and protects civil rights and liberties.
Article III, Section I of the Constitution establishes the federal judiciary, with the Supreme Court at its apex. This article grants the Supreme Court original jurisdiction over specific cases, such as disputes between states or cases involving ambassadors. The Court also has appellate jurisdiction, allowing it to hear appeals on a wide range of issues, including constitutional and federal law.
In Marbury v. Madison, the Supreme Court asserted its authority to interpret the Constitution. The case centred around William Marbury, a Federalist Party leader, who did not receive his commission as a justice of the peace from the outgoing Secretary of State John Marshall before Thomas Jefferson assumed the presidency. Jefferson directed his Secretary of State, James Madison, to withhold the commission, which Marbury petitioned the Supreme Court to release.
The Court held that Madison's refusal to deliver the commission was illegal and that Marbury had a legal right to it. However, the Court did not order Madison to comply, recognising the dilemma that issuing a writ of mandamus would likely be ignored by Jefferson and Madison, undermining the Court's authority. Instead, the Court struck down Section 13 of the Judiciary Act of 1789, which defined the Supreme Court's jurisdiction, as unconstitutional. This established the principle of judicial review, confirming the Court's power to invalidate laws that violate the Constitution.
The Marbury v. Madison decision strengthened the federal judiciary by ensuring its coequal status with the legislative and executive branches. It also reflected the principle that a law repugnant to the Constitution is void and that courts are bound by the Constitution. The case demonstrated the Supreme Court's role in interpreting the Constitution and safeguarding against violations of constitutional rights.
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The Constitution's supremacy over ordinary acts of the legislature
The case of Marbury vs Madison is important as it established the power of judicial review for the US Supreme Court and lower federal courts with respect to the Constitution. This power of judicial review allows federal courts to declare legislation, executive actions, and administrative actions inconsistent with the US Constitution and therefore null and void.
The Supremacy Clause, which is derived from the US Constitution, makes valid federal statutes part of "the supreme Law of the Land". It states that "the Judges in every State shall be bound [by federal statutes], any Thing in the Constitution or Laws of any State to the Contrary notwithstanding". This means that federal statutes and treaties are regarded as "supreme law of the land" and take priority over state laws.
The Supremacy Clause also establishes a hierarchy between state and federal law, where federal law wins regardless of the order of enactment. This hierarchy only matters if the two laws contradict each other, such that applying one would require disregarding the other.
In the case of Marbury vs Madison, the Supreme Court held that Madison's refusal to deliver Marbury's commission was illegal. The Court also held that it was 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, it struck down Section 13 of the Judiciary Act of 1789, announcing that American courts have the power to invalidate laws that they find to violate the Constitution.
The Marbury vs Madison case reflects the principle that the Constitution is supreme over ordinary acts of the legislature. This principle, essential to all written Constitutions, states that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument.
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The judiciary as a coequal branch of government
Marbury v. Madison is a landmark decision that established the principle of judicial review, confirming the judiciary as a coequal branch of the US government. This case affirmed that the judiciary could declare laws and executive actions inconsistent with the US Constitution and therefore null and void.
The case arose from a political struggle between the Federalist Party and the Democratic-Republican Party. In the final weeks of the Federalist-controlled Congress, they created several new judgeships, which were quickly filled with Federalists. William Marbury, a Federalist Party leader, was among the last of these "midnight appointments". However, he did not receive his commission before Thomas Jefferson, a Democratic-Republican, became president. Jefferson directed his secretary of state, James Madison, to withhold the commission, which Marbury then petitioned the Supreme Court to compel Madison to deliver.
The Supreme Court, led by Chief Justice John Marshall, held that Madison's refusal to deliver the commission was illegal. They also asserted that while it was customary for a court to order the delivery of the commission, they would not do so in this case. The Court examined the Judiciary Act of 1789, which defined the Supreme Court's jurisdiction, and found that it exceeded what was originally set forth in the US Constitution. As a result, they struck down Section 13 of the Act, declaring that American courts have the authority to invalidate laws that violate the Constitution.
This case established the power of judicial review for the US Supreme Court and lower federal courts, and eventually for state courts with respect to state constitutions. By exercising judicial review, the judiciary could check the actions of Congress and the president, ensuring its status as a coequal branch of government alongside the legislative and executive branches. This case also confirmed the primacy of the Constitution over any other source of law, including acts of Congress.
The decision in Marbury v. Madison had significant political implications. If the Court had issued a writ of mandamus ordering Madison to deliver the commission, Jefferson and Madison could have ignored it, undermining the Court's authority. On the other hand, refusing to issue the writ would have appeared as a concession to the executive branch. Despite these considerations, Chief Justice Marshall chose to use the case to establish the principle of judicial review, which has become a cornerstone of American constitutional law.
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The power of the judiciary
Marbury v. Madison is regarded as one of the most important decisions in American constitutional law. The case established the power of judicial review, confirming the judiciary as a coequal branch of government alongside the legislative and executive branches.
In the case, William Marbury, a Federalist Party leader, petitioned the Supreme Court to compel James Madison, the Secretary of State, to deliver his commission as a justice of the peace. Marbury argued that his appointment was complete when his commission was signed and sealed, and that Madison's refusal to deliver the commission was illegal.
The Supreme Court, led by Chief Justice John Marshall, ruled in Marbury's favour, holding that Madison's refusal to deliver the commission was indeed 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 jurisdiction beyond what was set forth in the U.S. Constitution. The Court struck down Section 13 of the Act, asserting the power of American courts to invalidate laws that violate the Constitution, a power known as judicial review.
The Court's opinion, written by Marshall, carefully distinguished between political acts and administrative execution. He asserted that while the courts should not interfere in political acts, they could review administrative execution governed by law. Marshall's opinion also addressed the question of remedy, holding that Marbury had a "consequent right" to his commission, and that the refusal to deliver it was a "plain violation" of that right.
The case of Marbury v. Madison strengthened the federal judiciary by establishing its power to declare legislation and executive actions inconsistent with the Constitution, or "unconstitutional," and therefore null and void. This power of judicial review ensured that the judiciary could check the actions of Congress and the President, maintaining its coequal status in the government.
In conclusion, Marbury v. Madison reflected the principle of judicial review and the power of the judiciary to interpret and uphold the Constitution, establishing it as a coequal branch of government in the United States.
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Frequently asked questions
The Supreme Court held that Madison's refusal to deliver Marbury's commission was illegal, but did not order him to comply. The Court also struck down Section 13 of the Judiciary Act of 1789, claiming that American courts have the power to invalidate laws that violate the Constitution, a power now known as judicial review.
Marbury v. Madison established the power of judicial review for the Supreme Court and lower federal courts, allowing them to declare legislation and executive actions inconsistent with the US Constitution and therefore null and void.
In the weeks before Thomas Jefferson's inauguration as president in 1801, the Federalist Congress created several new judgeships and Adams filled them with Federalists. William Marbury, a Federalist Party leader, was among the last of these appointments. However, Jefferson directed his secretary of state, James Madison, to withhold Marbury's commission, leading Marbury to petition the Supreme Court.
The Supreme Court found that Section 13 expanded its jurisdiction beyond what was originally set forth in the US Constitution, thus violating the principle that a law repugnant to the Constitution is void.
The case confirmed the principle that the Constitution is superior to any ordinary act of the legislature and that courts are bound by the Constitution, with the power to strike down laws that violate it.
