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Copy of Marbury Vs. Madison
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Marbury vs. Madison (1803)
Background
(The beginning of judiciary review)
The Court's Decision
Party Politics:
Alexander Hamilton = Federalists
Thomas Jefferson = Democratic Republicans
The Supreme Court announced for the first time the principle that a court may declare an act of congress void if it is inconsistent with the constitution.
Jefferson won the election of 1800 as John
Adams's term was ending. Adams began appointing as many federalists judges as he could while still in office.
In a unanimous decision (from Justice Marshall), the Court stated that Marbury had a right to his commission- while also declaring the Judiciary Act of 1789 as unconstitutional. In Marshall's opinion, Congress could not give the Supreme Court power to issue and order granting Marbury his commission- only the constitution could. The document mentions nothing about the Supreme Court having that power (the Court could not force Jefferson to appoint Maybury).
Background
Conclusion
Though Marbury never got his commision, the decision set an important precedent to serve as an example in later cases. Chief Justice Marshall's ruling interpreted the Constitution to mean that the Supreme Court had the power of judicial review. That is, the Court had the right to review acts of Congress and, by extension, actions of the President. If the Court found that a law was unconstitutional, it could overrule the law. Marshall argued that the Constitution is the “supreme law of the land” and that the Supreme Court has the final say over the meaning of the Constitution. He wrote, “lt is emphatically the province and duty of the judicial department to say what the law is.”
One of these judges was William Marbury, who was named Justice of the Peace for the District of Colombia
When judges had been appointed, a commision (notice) was usually delivered by a Secretary of State; Jefferson's secretary was James Madison- who he instructed not to deliver it due to wanting less Federalists judges.
Judicary Acts of 1801/1789
A partisan political attempt by Federalists in Congress and the John Adams administration to pack the Federal courts with Federalists.
What gave Adams the power to appoint the new judges.
The Act of 1789 gave the Supreme Court power to make unconstitutional decisions; and was reinstated during Jefferson's term.
Marbury wants his Commision
Marbury went to the Supreme Court in an attempt to gain his post. He wanted the Court to issue an order forcing Madison to give Marbury his commission. The Judiciary Act of 1789 had given the Supreme Court the power to issue such an order.