The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;
However, the extent of the Supreme Court's authority and constitutional oversight was not established until the case of Marbury v. Madison in 1803. The power of the federal courts to void acts of Congress, and subsequently the President, as unconstitutional was established by this one case. The ability of the judiciary to void a law or action of the legislative or executive branch as unconstitutional is known as Judicial Review. The ruling by Chief Justice John Marshall (to the left) established the Judicial Branch as an equal to the Executive and Legislative Branch, while ensuring the system of checks and balances of the federal government continues to this day. The idea of judicial review is uniquely American as no other country or state at the time vested so much power in their own judiciary. Without judicial review established in Marbury v. Madison, the ability for federal courts to nullify unconstitutional laws or actions would not exist! What Happened?
The details surrounding Marbury v. Madison is complicated, yet the outcome is considered the most important ruling in Supreme Court history. The tension during the election of 1800 was nearly as partisan as today, with the main conflict being the disagreement between the federalists and anti-federalists. The Federalists (John Adams), who were proponents of a strong federal government, lost the election of 1800 to the anti-federalists (Thomas Jefferson) who wanted most of the power to be in the hands of the individual states. In the final days of President Adams' term, he made a large number of appointments which were confirmed by the U.S. Senate and signed by the president. However, when Thomas Jefferson took office he ordered his Secretary of State, James Madison, not to deliver the official commissions, essentially preventing any of the appointments from assuming their jobs. William Marbury, one of the appointees, petitioned the Supreme Court to compel Secretary of State Madison to deliver the commissions and allow him to begin his job.
The Unanswered Questions
To resolve the case, Chief Justice John Marshall raised three rhetorical questions he wanted the Court to answer and which would resolve the case before them. It was unusual for the Chief Justice to pose three questions for the Court to answer themselves, yet these three questions altered the course of American history.
> Was Marbury entitled to his appointment?
> Was the lawsuit he filed a valid avenue to get his appointment issue resolved?
> Was the Supreme Court the place for Marbury to receive the relief he seeks?
Answer 1 - Chief Justice Marshall held that Marbury had been appointed in accordance to all rules and procedures, and therefore was entitled to his commission.
Answer 2 - Since Marbury had been legally appointed, the law must afford him a remedy and therefore the courts were a valid avenue to resolve his issue. Marshall added that it is the responsibility of the courts to protect the rights of individuals, even against the President of the United States. (This apparent "lecture" to President Jefferson was very controversial at the time!)
*Answer 3* - Marshall's answer to the third question is where the idea of judicial review was developed. The Chief Justice held that the Supreme Court could NOT grant Marbury the relief he seeks because he should not be before the Supreme Court at all. A provision of the Judiciary Act of 1789 passed by Congress extended the "original jurisdiction" of the Court, or the cases which the Supreme Court can hear. Under the 1789 Act, the Supreme Court could take cases like Marbury without lower courts first hearing the case, a provision Chief Justice Marshall said was not constitutional.
This is confusing right? What this actually means is that the law passed by Congress which allowed Marbury to petition the Supreme Court directly was not constitutional according to the Chief Justice Marshall. So although they sympathized with Marbury and even lectured Thomas Jefferson, they ruled that Marbury should not have been allowed to argue his case before the Court because the law passed by Congress allowing him to do so was unconstitutional. For the first time, the Supreme Court said they have the power to void a law from Congress (or an act of the President) and the theory of judicial review was born! Without judicial review the Supreme Court could never have desegregated U.S. schools, struck down DOMA, or found President Nixon guilty of obstruction of justice. The case of Marbury v. Madison is without doubt the most significant Supreme Court ruling in our country's history.
A well-informed read. Thanks.
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