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Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark decision of the U.S. Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States. Decided in 1803, Marbury is regarded as the single most important decision in American constitutional law.[1][2] It established that the U.S. Constitution is actual law, not just a statement of political principles and ideals. It also helped define the boundary between the constitutionally separate executive and judicial branches of the federal government.
The case originated in early 1801 and stemmed from the rivalry between outgoing President John Adams and incoming President Thomas Jefferson.[3] Adams, a member of the Federalist Party, had lost the U.S. presidential election of 1800 to Jefferson, who led the Democratic-Republican Party. In March 1801, just two days before his term as president ended, Adams appointed several dozen Federalist Party supporters to new circuit judge and justice of the peace positions in an attempt to frustrate Jefferson and the Democratic-Republicans.[4] The outgoing U.S. Senate quickly confirmed Adams's appointments, but outgoing Secretary of State John Marshall was unable to deliver all of the new judges' commissions before Adams's departure and Jefferson's inauguration.[4] Jefferson believed the undelivered commissions were void and instructed his Secretary of State, James Madison, not to deliver them.[5] One of the undelivered commissions belonged to William Marbury, a Maryland businessman who had been a strong supporter of Adams and the Federalists. In late 1801, after Madison had repeatedly refused to deliver his commission, Marbury filed a lawsuit in the Supreme Court asking the Court to issue a writ of mandamus forcing Madison to deliver his commission.[6]
In an opinion written by Marshall, who by then had been appointed Chief Justice of the United States, the Supreme Court held that Madison's refusal to deliver Marbury's commission was illegal.
https://en.wikipedia.org/wiki/Marbury_v._Madison
The issues of the day regarding presidential powers and judicial review came up early in the life of our Republic. Marbury v Madison is the landmark decision. But there are also plenty of subsequent cases that build upon it.
The case originated in early 1801 and stemmed from the rivalry between outgoing President John Adams and incoming President Thomas Jefferson.[3] Adams, a member of the Federalist Party, had lost the U.S. presidential election of 1800 to Jefferson, who led the Democratic-Republican Party. In March 1801, just two days before his term as president ended, Adams appointed several dozen Federalist Party supporters to new circuit judge and justice of the peace positions in an attempt to frustrate Jefferson and the Democratic-Republicans.[4] The outgoing U.S. Senate quickly confirmed Adams's appointments, but outgoing Secretary of State John Marshall was unable to deliver all of the new judges' commissions before Adams's departure and Jefferson's inauguration.[4] Jefferson believed the undelivered commissions were void and instructed his Secretary of State, James Madison, not to deliver them.[5] One of the undelivered commissions belonged to William Marbury, a Maryland businessman who had been a strong supporter of Adams and the Federalists. In late 1801, after Madison had repeatedly refused to deliver his commission, Marbury filed a lawsuit in the Supreme Court asking the Court to issue a writ of mandamus forcing Madison to deliver his commission.[6]
In an opinion written by Marshall, who by then had been appointed Chief Justice of the United States, the Supreme Court held that Madison's refusal to deliver Marbury's commission was illegal.
https://en.wikipedia.org/wiki/Marbury_v._Madison
The issues of the day regarding presidential powers and judicial review came up early in the life of our Republic. Marbury v Madison is the landmark decision. But there are also plenty of subsequent cases that build upon it.
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