Marbury v. Madison was a
very complex case remembered not so much for the issues at stake as for the precedent
established in the Court's ruling. The case arose when outgoing President John Adams appointed
several Federalist justices of the peace, including William Marbury, in the District of
Columbia. The incoming President Thomas Jefferson was a Republican, and resented Adams' move. He
ordered his Secretary of State, James Madison, to refuse to deliver the appointments as required
by the Judiciary Act. The Act also allowed Marbury to petition the Supreme Court for a legal
instrument known as a writ of mandamus to force Madison to deliver the signed and approved
commission. So the questions were as follows:
- Did Marbury have a
right to the appointment? - Could the Supreme Court be required by an act of
Congress to issue a writ of mandamus in such cases?
The Supreme
Court, headed by Chief Justice John Marshall, ruled that Marbury did indeed have a right to the
appointment, which was made by a President and approved by the Senate per the Constitution. But
he also ruled that the Judiciary Act, which again, allowed Marbury to petition for a writ
directly to the Supreme Court, was unconstitutional. The Supreme Court, Marshall wrote in his
majority decision, did not have original jurisdiction in such cases. (It followed, as a
sidenote, that the Supreme Court could therefore not force Jefferson to give Marbury the
commission.) In short, he ruled a law made by Congress unconstitutional. This was the first time
the Supreme Court had done so, and it set the important precedent of judicial review, though the
Court would not exercise it much over the next century. The enduring importance of
Marbury v. Madison has little to do, then, with the questions of the
case.
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