Marbury v. Madison: Judicial Review

Study Notes

Marbury v. Madison (1803) is a landmark Supreme Court case that established the principle of judicial review in the United States.
The case was a dispute between William Marbury, a judge appointed by President John Adams, and James Madison, Secretary of State.

President Adams appointed Marbury as a justice of the peace in the District of Columbia, but the commission was not delivered before Thomas Jefferson took office.
Marbury petitioned the Supreme Court to compel Madison to deliver the commission.

Chief Justice John Marshall wrote the majority opinion, which:
- Denied Marbury's petition, ruling that the Supreme Court did not have jurisdiction to issue a writ of mandamus (a court order) to compel Madison to deliver the commission.
- Declared that Section 13 of the Judiciary Act of 1789, which granted the Supreme Court the power to issue writs of mandamus, was unconstitutional.
- Established the principle of judicial review, stating that the Supreme Court has the power to declare laws and government actions unconstitutional.

"It is emphatically the province and duty of the judicial department to say what the law is." - Chief Justice John Marshall
Judicial review allows the Supreme Court to check the power of the legislative and executive branches.
The ruling established the Supreme Court as a co-equal branch of government, giving it the authority to shape the Constitution and American law.

Marbury v. Madison established the principle of judicial review, which has been used by the Supreme Court to shape American law and policy.
The ruling has been cited in numerous landmark cases, including Brown v. Board of Education (1954) and Roe v. Wade (1973).
Marbury v. Madison is considered a foundational case in American constitutional law, solidifying the Supreme Court's role as a guardian of the Constitution.