Which precedent was established by the Supreme Court ruling in Marbury v Madison

From Ballotpedia

William Marbury v. James Madison, Secretary of State of the United States
Term: 1803
Important Dates
Argument: February 11, 1803 Decided: February 24, 1803
Vote
4-0
Majority
John Marshall • William Paterson • Samuel Chase • Bushrod Washington

Marbury v. Madison is a case decided on February 24, 1803, by the U.S. Supreme Court that established the principle of judicial review which allows U.S. courts to strike down laws that are found unconstitutional. The suit was brought by William Marbury against James Madison, Jefferson’s secretary of state. When outgoing President Adams appointed Marbury Justice of the Peace in the District of Columbia, Madison did not deliver the signed and sealed appointment to Marbury, preventing Marbury from assuming his position and causing Marbury to file suit seeking his appointment.[1]

HIGHLIGHTS

Why it matters: Marbury v. Madison established the principle of judicial review, meaning the Supreme Court can strike down laws it finds to be in violation of the Constitution. In this case, the Supreme Court ruled that the Judiciary Act of 1789 was unconstitutional. To read more about the legacy of this case click here.[2]

Background

In the final days of his presidency, Congress passed and President John Adams signed the Judiciary Act of 1801, which reorganized the federal judiciary, creating six new federal circuits in which federal judges “gained jurisdiction over all cases arising under the Constitution and acts of the United States,” according to the Federal Judicial Center.[3]

After the signing of the Judiciary Act of 1801, Adams nominated and the Senate approved 16 new judges and 42 justices of the peace prior to leaving office. At that point, the appointment process was considered complete when the signed and sealed appointments had been delivered by the secretary of state, at that time John Marshall, to the appointees.[2]

After Jefferson took office, he instructed his secretary of state, James Madison, to decline to deliver any outstanding appointments from the Adams administration. William Marbury, who Adams had appointed Justice of the Peace for the District of Columbia, petitioned the Supreme Court for a writ of mandamus, a ruling that would have compelled Madison to deliver his commission or to demonstrate why Marbury should not receive it.[4] The authority of the court to issue a writ was established by the Judiciary Act of 1789.[5]

Oral Argument

The Supreme Court heard oral arguments on February 11, 1803. The case was decided on February 24, 1803.[2]

Decision

Justice John Marshall wrote the majority opinion for the unanimous Supreme Court.[2]

Opinion

In a 4-0 decision, the Supreme Court ruled that although it was illegal for Madison to withhold the delivery of the appointments, forcing Madison to deliver the appointments was beyond the power of the U.S. Supreme Court.[6] The ruling also established what is now known as judicial review, a practice by which the Court can strike down a law it declares to be unconstitutional. In this case, Chief Justice John Marshall noted that portions of the Judiciary Act of 1789, the legal basis for Marbury’s appeal, were inconsistent with the Constitution and that these portions of the act could not stand.[7]

Marshall’s opinion concerned three key questions:

1. Do the plaintiffs have a right to receive their commissions?
2. Can they sue for their commissions in court?
3. Does the Supreme Court have the authority to order the delivery of their commissions?

In answering the first two questions, Marshall and the court found that the plaintiffs, who included Marbury, had the right to receive their commissions and could use the judicial system to seek those appointments.[2] However, the court also found that the Judiciary Act of 1789, which established the court’s authority to issue a writ, contradicted the Constitution. According to Marshall’s ruling, this contradiction meant that the court could not offer any legal remedy to Marbury and the other plaintiffs.

The National Constitution Center summarizes Marshall’s opinion, stating, “Marshall ruled that the Supreme Court could not order delivery of the commissions because the law establishing such a power was unconstitutional.”[8]

Legacy

The Marbury case has been understood as the decision that established a precedent of judicial review, the notion that laws passed by Congress could be reviewed by the judicial branch of government to determine their adherence to the Constitution. In his opinion, Marshall noted that “a law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument.”[9]

According to the National Archives and Records Administration (NARA), Marbury established a precedent of judicial oversight of legislation as it relates to the Constitution. NARA notes that Marshall’s opinion began a tradition in which "the role of the Supreme Court to invalidate Federal and state laws that are contrary to the Constitution has never been seriously challenged.”[10]

Other prominent cases influenced by judicial review:

• Dred Scott v. Sandford
• The Slaughterhouse cases
• Lochner v. New York
• Brown v. Board of Education
• Plessy v. Ferguson
• United States v. Lopez
• United States v. Morrison[11]

See also

• John Marshall

External links

• Marbury v. Madison

Footnotes

1. ↑ ‘’Library of Congress’’, “Primary Documents in American History: Marbury v. Madison,” accessed July 3, 2020
2. ↑ 2.0 2.1 2.2 2.3 2.4 ‘’Oyez’’, “Marbury v. Madison,” accessed July 3, 2020
3. ↑ ‘’Federal Judicial Center’’, “Landmark Legislation: Judiciary Act of 1801,” accessed July 3, 2020
4. ↑ ‘’Thirteen/WNET New York’’, “Marbury v. Madison (1803),” December 2006
5. ↑ ‘’Georgia State University’’, “Marbury v. Madison (1803),” accessed July 16, 2020
6. ↑ ‘’C-SPAN’’, “Landmark Cases: Marbury v. Madison,” accessed July 3, 2020
7. ↑ ‘’National Constitution Center’’, “Marbury v. Madison: The Supreme Court claims its power,” February 24, 2019
8. ↑ ‘’National Constitution Center’’, “Marbury v. Madison: The Supreme Court claims its power,” February 24, 2019
9. ↑ ‘’Cornell University Legal Information Institute’’, “William Marbury v. James Madison, Secretary of State of the United States,” accessed July 3, 2020
10. ↑ ‘’National Archives and Records Administration’’, “”Marbury v. Madison (1803),” accessed July 3, 2020
11. ↑ American Bar Association, "Commemorating the 200th Anniversary of Marbury v. Madison," accessed December 17, 2013