how did marbury v madison established judicial review

How Marbury v. Madison Established Judicial Review

The landmark Supreme Court case Marbury v. Madison, decided in 1803, is the cornerstone of judicial review in the United States. This principle allows the Supreme Court to declare laws and executive actions unconstitutional. It firmly established the judiciary as a co-equal branch of the government, with the power to check both the legislative and executive branches.

Background of Marbury v. Madison

The case arose from a political conflict between the outgoing Federalist President John Adams and the incoming Democratic-Republican President Thomas Jefferson. Just before leaving office, Adams appointed numerous Federalist judges, including William Marbury as a Justice of the Peace for the District of Columbia. Marbury’s commission was signed but not delivered before Adams’ term ended. Jefferson’s Secretary of State, James Madison, refused to deliver the commission, prompting Marbury to sue, seeking a writ of mandamus to compel Madison to act.

The Supreme Court’s Decision

Chief Justice John Marshall, writing for the Court, faced a complex situation. Ordering Madison to deliver the commission would likely be ignored by the Jefferson administration, weakening the Court. Refusing to order the delivery would appear as a capitulation to the executive branch. Marshall brilliantly navigated this dilemma by focusing on the question of the Court’s jurisdiction.

The Court found that Marbury was indeed entitled to his commission. However, it determined that the section of the Judiciary Act of 1789 that granted the Supreme Court original jurisdiction in cases like Marbury’s was unconstitutional. According to Article III of the Constitution, the Supreme Court only has original jurisdiction in cases involving ambassadors, public ministers and consuls, and those in which a state shall be party.

Establishment of Judicial Review

By declaring a portion of the Judiciary Act of 1789 unconstitutional, the Supreme Court asserted its power of judicial review. Marshall argued that the Constitution is the supreme law of the land and that the Court has a duty to interpret the Constitution. Therefore, any law that conflicts with the Constitution is invalid. This established the principle that the Supreme Court has the final say on the constitutionality of laws. You can learn more about judicial review from Wikipedia’s article on Judicial Review.

Impact and Significance

Marbury v. Madison transformed the role of the Supreme Court. It cemented the Court’s position as a co-equal branch of government capable of shaping policy through constitutional interpretation. The power of judicial review is now a fundamental principle of American constitutional law and has been used in countless cases to protect individual rights and limit government power. While used sparingly in the early years, judicial review has become a powerful tool for interpreting and applying the Constitution to modern issues.

FAQs

What is judicial review?

Judicial review is the power of the Supreme Court to declare laws and actions of the legislative and executive branches unconstitutional.

Why is Marbury v. Madison important?

Marbury v. Madison established the principle of judicial review, giving the Supreme Court the power to interpret the Constitution and declare laws unconstitutional.

What was the main issue in Marbury v. Madison?

The main issue was whether the Supreme Court had the power to order Secretary of State James Madison to deliver William Marbury’s commission as a Justice of the Peace.

What part of the Constitution is judicial review based on?

While not explicitly stated, judicial review is implied through Article III of the Constitution, which vests judicial power in the Supreme Court, and the Supremacy Clause, which establishes the Constitution as the supreme law of the land.

Has judicial review been used in other cases?

Yes, judicial review has been used in numerous cases throughout American history, including landmark cases like Brown v. Board of Education and Roe v. Wade.

Summary

Marbury v. Madison was a pivotal case that established the principle of judicial review, giving the Supreme Court the authority to interpret the Constitution and declare laws unconstitutional. This decision significantly strengthened the judicial branch and solidified its role as a co-equal branch of government, capable of checking the powers of the legislative and executive branches.