2.2 Marbury v. Madison and the establishment of judicial review

Marbury v. Madison, a landmark Supreme Court case, arose from political turmoil following the 1800 election. The dispute over William Marbury's undelivered commission as justice of the peace set the stage for a pivotal decision by Chief Justice John Marshall.

Marshall's ruling introduced judicial review, empowering courts to examine laws against the Constitution. This decision expanded the Supreme Court's authority, establishing it as the final interpreter of constitutional questions and shaping the future of American constitutional law.

Background of Marbury v. Madison

Key facts of Marbury v. Madison

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• Political context shaped by Federalist Party's loss in 1800 election triggered President John Adams' last-minute "midnight appointments"
• William Marbury appointed justice of the peace but commission not delivered by incoming Secretary of State James Madison
• John Marshall, Chief Justice and former Secretary of State, presided over case
• Legal issues centered on delivery of Marbury's commission, Supreme Court's jurisdiction, and conflict between Judiciary Act of 1789 and Constitution's Article III

Reasoning behind Marshall's decision

• Marshall's analysis followed three-part structure:
  1. Determined Marbury's right to commission
  2. Assessed legal remedy for right violation
  3. Evaluated Supreme Court's ability to provide remedy
• Concluded Court lacked authority to issue writ of mandamus, declaring Section 13 of Judiciary Act unconstitutional
• Decision strengthened separation of powers and expanded judiciary's role in constitutional interpretation

Concept of judicial review

• Courts empowered to examine laws and government actions, potentially invalidating those conflicting with Constitution
• Responsibility to interpret constitutional provisions and apply principles to specific cases (Brown v. Board of Education)
• Limited to actual cases or controversies, prohibiting advisory opinions

Significance for Supreme Court authority

• First instance of Supreme Court declaring federal law unconstitutional set precedent for future cases
• Expanded judicial power over time, establishing Supreme Court as final arbiter of constitutional questions
• Sparked debates on judicial supremacy and democratic accountability
• Laid foundation for landmark decisions (Roe v. Wade, Obergefell v. Hodges) and shaped development of constitutional law