Marbury v. Madison
1803 - The Foundation of Judicial Review
Constitutional Clause
Article III (Judicial Power) / Separation of Powers
Establishes the power of judicial review - the court's authority to interpret the Constitution
Memory Tricks
Remember the Name
"MARBURY Makes Marshall's MAJOR Move" - Marbury's case let Marshall make a major move for the courts (judicial review).
Remember the Subject
"JR = Judicial Review" - Like a junior (JR) judge learning to review homework, the Supreme Court learned to review laws.
Remember the Clause
"Article III = 3 Branches Need Balance" - Article III gives courts the power to balance the other two branches.
Remember the Year
"1803 - Ate-Oh-Three the Constitution" - Marshall "ate" (consumed/interpreted) the Constitution in 1803.
Constitutional Connection
This is a fundamental case in the debates over separations and checks as well as the power of Judicial Review. How is power divided? What range of decisions can a federal branch have? What checks on powers exist? Who holds "interpretation" powers?
Facts of the Case
Federalists, under John Adams, lost the election of 1800 to hated rival Thomas Jefferson. At the last minute before the transfer of power, outgoing Federalists tried to pack the court system of D.C. with numerous Federalist judges who would be tenured for life.
In the chaos of the transfer, some of these "commissions" or licenses got lost. William Marbury was one of these potential judges and he sued the new Secretary of State, James Madison, to deliver his license. At President Jefferson's direction, Madison refused to deliver the lost commissions.
The new Chief Justice, John Marshall, knew that Marbury should get his commission. But, he also knew that the court was powerless to force Madison and Jefferson to deliver the commissions. If the court ruled for Marbury, they would destroy the power and reputation of the court, since it was clear that the president could successfully ignore the order.
Holding/Decision
Unanimous Decision: 5-0
After much deliberation, Marshall found the answer. Marbury's legal team wanted the court to use the newly created Judiciary Act to send an official order, called a Writ of Mandamus, to the executive branch, forcing the delivery of Marbury's license.
Marshall realized that Congress had made an error in creating the Judicial Act itself. Congress gave the court too much power, and possibly broke the basic concept of the separations of powers. Therefore, the court struck down that portion of the Judiciary Act. Congress could not give the court Writs of Mandamus powers.
Key Outcome
Even though this form of "review" of the meaning of the laws and the Constitution was not expressly listed in Article III of the Constitution, the Supreme Court now held the power of "Judicial Review" - the ability to declare laws unconstitutional.
Key Principle
"It is emphatically the province and duty of the judicial department to say what the law is."
Paired Case
US v. Nixon, 1974
To what extent does a president have "executive privileges"? Can a president be exempt from a congressional or federal court order concerning a possible criminal event? Can the Supreme Court resolve a dispute between the legislative branch and the executive branch? The Court did resolve the conflict by requiring President Nixon to turn over evidence to a Congressional Committee.
Writing Practice
AP-Style FRQ Prompt
In Marbury v. Madison (1803), the Supreme Court established the principle of judicial review.
- Describe the constitutional principle that was established in this case.
- Explain how this ruling strengthened the system of checks and balances.
- Describe an action the executive or legislative branch could take if they disagreed with a Supreme Court ruling, and explain how that action could be limited by judicial review.
Tip: When answering, be sure to define judicial review, explain the facts of the case briefly, and connect the ruling to the broader constitutional framework.
Key Takeaways
- Established the principle of judicial review
- Supreme Court can declare laws unconstitutional
- Strengthened the separation of powers
- Made the judiciary a co-equal branch of government