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Landmark case that asserted the Supreme Court’s authority to judge law, thus establishing the power
of judicial review.
John Adams, second President, before leaving office had appointed several justices of the peace, of
which Marbury was one. James Madison, Secretary of State under Thomas Jefferson, refused to affix to the
commissions the seal of the United States. The judges were seeking from the Supreme Court a Writ of
Mandamus forcing Madison to honor the commissions.
Chief Justice Marshall addressed three questions:
- Has the applicant a right to the commission he demands?
- If he has a right, and that right has been violated, do the laws of his country afford him a
remedy?
- If they do afford him a remedy, is it a mandamus issuing from this court?
Within this case was popularized the concept that any law repugnant to the Constitution was void.
However, the context in which this concept was discussed must be understood. Marshall was attempting to
discern whether the Supreme Court had authority to issue a Writ of Mandamus against an officer of the
United States. Marshall agreed the remedy was correct—to issue the Writ. However, a statute required
the Court to issue the writ, came from the Judiciary Act of 1789. Marshall noted this issue would be a
moot point if the law was unconstitutional and that the Constitution must be rendered supreme
over any act of the legislature, should there be conflict between the two. Marshal reasoned that no act
of the legislature could redefine the authority granted the Court as defined by the Constitution. The
Court ruled that the law requiring the Court to issue writs of mandamus was unconstitutional.
Full text: Marbury v. Madison, 5 U.S.
(Cranch) 137 (1803) |