MARBURY V. MADISON
Marbury v. Madison was the single most important case in American history because it
established the doctrine of judicial review. The case involved William Marbury who had
been appointed justice of the peace in the federal judiciary. However, Marbury's
commission was not delivered on time and the new president chose not to regard the
commission valid.
President Thomas Jefferson did not honor the commissions for political reasons; the
appointments were made by John Adams, the outgoing Federalist President. Jefferson, a
Democrat-Republican, ordered his Secretary of State not to deliver the commissions.
Adams, before leaving office, appointed 42 justices of the peace to the federal
judiciary to preserve Federalist control. Adams made the appointments On March 2, 1801,
the day before the end of his term in office and Congress approved the appointments the
next day. The commissions were not delivered before Jefferson took office on March 4.
Jefferson considered the appointments invalid but allowed most of the appointees to
take office. Being one of the exceptions, Marbury petitioned the Supreme Court
requesting a writ of mandamus, asking the court to order Madison, the new Secretary of
State, to serve the commissions. Marbury argued that under the Judiciary Act, the
Supreme Court had authority to issue the writ. At that time, the Chief Justice of the
Supreme Court was John Marshall, a Federalist appointed by Adams and disliked by
Jefferson. Marshall wrote the opinion in the case, deftly appointing a political
conflict while establishing the doctrine of judicial review. He argued that it was
improper to withhold Marbury's commission and that the Judiciary Act allowed the court
to issue the writ. However, Marshall held that the Constitution gave the Court only
appellate authority; the act gave the Court authority which the Constitution did not
permit. Marshall ruled that no act of Congress could supersede the Constitution.
By his decision, Marshall established the Court's authority to rule on the
constitutionality of acts of Congress and the executive branch. Thus, Marshall allowed
Jefferson to win the case at the same time establishing judicial power over the
presidency. Although the doctrine was on shaky political grounds at the time, it has
never been effectively challenged since and is a hallmark of American law.
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