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🦢Constitutional Law I Unit 2 Review

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2.1 Marbury v. Madison and the Establishment of Judicial Review

🦢Constitutional Law I
Unit 2 Review

2.1 Marbury v. Madison and the Establishment of Judicial Review

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025
🦢Constitutional Law I
Unit & Topic Study Guides

Marbury v. Madison was a landmark case that shaped the Supreme Court's power. It arose from a political dispute but ended up defining judicial review, allowing courts to strike down laws that clash with the Constitution.

The case's impact on the balance of power in government was huge. It made the Supreme Court a true check on other branches, sparking debates about judicial authority that continue today. This decision set the stage for the Court's role in interpreting the Constitution.

Marbury v. Madison's Significance

Political Context and Controversy

  • The case arose during the political transition between the administrations of John Adams (Federalist) and Thomas Jefferson (Democratic-Republican) in 1801
  • In the final days of his presidency, Adams made several "midnight appointments" of Federalist judges, including William Marbury as a justice of the peace for the District of Columbia
  • Jefferson's Secretary of State, James Madison, refused to deliver Marbury's commission, leading Marbury to file a lawsuit directly with the Supreme Court seeking a writ of mandamus to compel Madison to deliver the commission
  • The case presented a unique opportunity for the Supreme Court, under Chief Justice John Marshall, to assert its authority and establish the principle of judicial review amidst the political controversy

Establishment of Judicial Review

  • Marbury v. Madison was the first case in which the Supreme Court declared an act of Congress unconstitutional, setting a precedent for the Court's power to interpret and enforce the Constitution
  • The decision helped define the role of the judiciary as a co-equal branch of government, capable of checking the actions of the legislative and executive branches
  • By asserting the power of judicial review, the Supreme Court positioned itself as the final authority on the interpretation of the Constitution, enhancing its power and prestige
  • The case demonstrated that the Court could act as a bulwark against legislative and executive overreach, protecting individual rights and maintaining the separation of powers

Constitutional Basis for Judicial Review

Supremacy Clause and Constitutional Limits

  • Chief Justice John Marshall's opinion relied on the Supremacy Clause (Article VI, Clause 2) of the Constitution, which establishes the Constitution as the supreme law of the land
  • Marshall argued that the Constitution is a written document that limits the powers of the government, and that the courts have a duty to interpret and apply the Constitution in cases that come before them
  • He reasoned that if a law conflicts with the Constitution, the Court must uphold the Constitution and declare the law void, as the Constitution is the supreme law of the land
  • By grounding judicial review in the text and structure of the Constitution, Marshall provided a compelling justification for the Court's authority to serve as the ultimate arbiter of constitutional questions

Judicial Duty and Authority

  • The opinion emphasized that it is the province and duty of the judicial department to say what the law is, and that this necessarily includes determining whether a law conflicts with the Constitution
  • Marshall asserted that the Constitution grants the Supreme Court the power to review the constitutionality of acts of Congress and the executive branch
  • He argued that the courts have a responsibility to interpret and enforce the Constitution, and that this role is essential for maintaining the rule of law and the separation of powers
  • The decision established the principle that the judiciary has the authority to declare legislative and executive actions unconstitutional if they violate the Constitution

Marbury v. Madison's Impact on Power

Checks and Balances

  • Marbury v. Madison established the Supreme Court as a check on the legislative and executive branches, ensuring that their actions conform to the limits imposed by the Constitution
  • The decision provided a mechanism for the judiciary to prevent the other branches from overstepping their constitutional boundaries and infringing on individual rights
  • By asserting the power of judicial review, the Supreme Court became a co-equal branch of government, rather than a subordinate to the other two branches
  • The case reinforced the importance of the separation of powers and the system of checks and balances in the American constitutional framework

Debates and Controversies

  • The legacy of Marbury v. Madison has been the subject of ongoing debate, with some arguing that it has led to an overly powerful judiciary, while others maintain that it is essential for preserving constitutional limits on government power
  • Critics argue that judicial review can lead to judicial supremacy, where the Court's interpretation of the Constitution overrides the actions of elected officials and undermines democratic principles
  • Supporters contend that judicial review is necessary to protect individual rights, prevent tyranny of the majority, and ensure that the government operates within the bounds of the Constitution
  • The impact of Marbury v. Madison continues to shape discussions about the proper role of the judiciary and the balance of power between the branches of government

Chief Justice Marshall's Reasoning in Marbury v. Madison

Affirming Marbury's Right and Remedy

  • Marshall began by affirming that Marbury had a right to his commission and that the law provided a remedy for the violation of that right
  • He acknowledged that Marbury had been properly appointed and that the withholding of his commission was unlawful
  • Marshall established that the case involved a clear violation of Marbury's legal rights, setting the stage for the Court's analysis of its own jurisdiction and powers

Examining Jurisdiction and the Judiciary Act

  • Marshall turned to the question of whether the Supreme Court had the authority to issue a writ of mandamus in this case, as Marbury had petitioned the Court directly under the Judiciary Act of 1789
  • He examined the provisions of the Judiciary Act that granted the Supreme Court original jurisdiction to issue writs of mandamus, and compared them to the jurisdiction granted to the Court by Article III of the Constitution
  • Marshall concluded that the Constitution limited the Supreme Court's original jurisdiction to cases involving ambassadors, other public ministers and consuls, and those in which a state is a party, and that Congress could not expand this jurisdiction by statute

Resolving Conflicts and Upholding the Constitution

  • Marshall reasoned that if the Constitution and a statutory provision conflict, the Court must determine which of these conflicting rules governs the case
  • He argued that the Constitution is the supreme law of the land, and that it cannot be altered by an ordinary legislative act
  • Therefore, if a statute (like the Judiciary Act) contradicts the Constitution, it is void, and the Court has a duty to uphold the Constitution over the statute
  • By finding that the Judiciary Act's grant of original jurisdiction to the Supreme Court was unconstitutional, Marshall established the principle of judicial review while also avoiding a direct confrontation with the Jefferson administration over the merits of Marbury's claim