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February 24

US Supreme Court Establishes Judicial Review in Marbury v. Madison (1803)


On February 24, 1803, the United States Supreme Court issued perhaps its most important ruling of all time in the case of Marbury v. Madison, 5 U.S. 137 (1803). In particular, Chief Justice John Marshall delivered the unanimous opinion of the Supreme Court and declared an act of Congress unconstitutional. This concept is called judicial review and it was a big step in establishing the power of the U.S. Supreme Court.

The case of Marbury v. Madison involved a power struggle between the two main political parties at the time – the Federalists and Democrat-Republicans. On the last day of President John Adams’ term in office he appointed many Federalists to the judiciary but never delivered the commissions to the individuals. The newly elected President, Thomas Jefferson, a Democrat-Republican, did not want the Federalist judges to be appointed. So, when Jefferson took office he ordered his Secretary of State, James Madison, to refrain from delivering the commissions to the Federalist judges appointed by President Adams.

William Marbury, one the Federalist judges appointed by President Adams, filed a writ of mandamus, i.e. a formal order, under the Judiciary Act of 1789 with the U.S. Supreme Court ordering President Jefferson to deliver the commissions to Marbury and the other appointed Federalist judges. The U.S. Supreme Court agreed to hear the case and make a decision. So, the case was titled Marbury v. Madison because William Marbury acted as the plaintiff and was ordering the Secretary of State and defendant, James Madison, to deliver the commissions to the appointed Federalist judges.

In Marbury v. Madison, Chief Justice Marshall explained that Marbury had the right to his commission but the U.S. Supreme Court had no jurisdiction in the case to make James Madison deliver the commissions. Marshall stated that the U.S. Constitution did not grant the Court the power to issue writs to government officials (e.g. to James Madison as Secretary of State) as prescribed under the Judiciary Act of 1789. So, in effect, Marshall stated that the Judiciary Act of 1789 which granted Marbury the right to file his writ of mandamus with the U.S. Supreme Court was unconstitutional.

Marshall reasoned the U.S. Supreme Court had an inherent power to declare acts by Congress as unconstitutional if they conflicted with the U.S. Constitution. This concept is called judicial review. The Supreme Court therefore essentially gave itself the power of judicial review and the role of guardian of the Constitution – which provided a very powerful check on Congress’ legislative abilities.

Because of the decision in Marbury v. Madison, the Supreme Court could declare laws created by Congress as unconstitutional. In other words, the Supreme Court could nullify laws passed by Congress if they conflicted with the U.S. Constitution. In essence, the power of judicial review is the ultimate power check on Congress’ ability to pass laws.

President Jefferson got want he originally wanted – Marbury and the other federalist judges were not appointed as justices. However, President Jefferson disagreed with Marshall's reasoning and said that the Supreme Court would hold too much power by allowing it to use judicial review.

Today, judicial review is applied and used by the federal courts and universally accepted by nearly all legal scholars as a basic tenant of our court system.