The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
Marbury vs. Madison
Under the administrations of Washington and his successor, John Adams, only members of the ruling Federalist Party were allowed to be on the bench, and under the Constitution, they held office for life during "good behavior." So when the Republicans won the election of 1800, the Jeffersonians found out that even though they controlled the presidency and Congress, the Federalists still had control of the judiciary. One of the first acts of the new administration was to repeal the Judiciary Act of 1800, which had created a whole bunch of new judgeships. Although President Adams had attempted to fill the vacancies before the end of his term, a number of commissions had not been delivered, and one of the appointees, William Marbury, sued Secretary of State James Madison to force him to deliver his commission as a justice of the peace.
In the presidential election of 1800, Thomas Jefferson defeated John Adams to become the third president of the United States. The Judiciary Act of 1801 was passed which modified another act in 1789 that established ten district courts, six circuit courts, and the addition of judges to each circuit giving the president authority to appoint federal judges. The Marbury v. Madison was a landmark case in 1803 in which the court formed the basis for the exercise of judicial review. The landmark decision defined the boundary between separate judicial and executive branches of the American form of government. The Marbury v. Madison case of 1803 played a key role in making the Supreme Court a separate branch of government.
Marbury vs Madison
As the government was newly establishing its stronghold on the nation, forging its way to a powerful republic and instituting precedents for the future, a struggle to preserve the foundations of American Society instituted by Washington and John Adams existed as Thomas Jefferson took office. In an attempt to maintain the “edifice of the National Government” believing Jefferson would topple the prestigious nation with his atheist views, Adams appointed various Federalists to the judiciary. Thus, attributing to the single most significant case of the Supreme Court, Marbury Vs. Madison, a struggle between Republicans and Federalists that would end in a future altered by fate. This controversial landmark case established the constitution as “Supreme law” of the United States and developed the power of the Supreme Court, enhancing its independence and proving it a nonpartisan instrument.
In Federalist 78, Alexander Hamilton argued that the Judicial Branch is the “least dangerous to the political rights of the Constitution" and that it is “beyond comparison the weakest of the three departments of power” since it has “neither force nor will, but merely judgment.” [*] While it is true that Hamilton wrote the Federalist Papers as propaganda to garner support for the Constitution by convincing New Yorkers that it would not take away their rights and liberties, it is also true that Article III of the Constitution was deliberately vague about the powers of the Judicial Branch to allow future generations to decide what exactly those powers should be. In the 1803 case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, established the Court’s power of judicial review. However, as Jill Lepore, Harvard professor of American History, argued, “This was such an astonishing thing to do that the Court didn’t declare another federal law unconstitutional for fifty-four years” after declaring the Judicial Act of 1789 unconstitutional in Marbury v. Madison. [*Jill Lepore] Alexander Hamilton was incorrect in his assertion that the Judicial Branch is the least dangerous to political rights and the weakest of the three government branches because judicial review has made the Supreme Court more powerful than he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78.
Marshall made a landmark decision in the MARBURY V. MADISON case, that would define the boundries between the executive and judical branches of the American government. Marbury had been appointed as a Justice of the Peace by John Adams, but his commission was not delivered before Thomas Jefferson assumed the Presidency in 1801. Marbury filed a petition with the Supreme Court to force the Secretary of
Marbury v. Madison-1803-
Background:
The night before Thomas Jefferson was elected into office John Adams appointed several justices, including justices of the peace, known as the midnight judges. John Adams signed off the Commissions for these justices, but not all of the Commissions were delivered before his term ended. William Marbury (Marbury) was one of the justices of the peace appointed by John Adams. John Adams left the White House, Marbury did not receive his commission under the new president, Thomas Jefferson, who ordered his Secretary of State James Madison (Madison), to withhold these Commissions.
The supreme court case of Madison v Marbury was the most important case in establishing the power Judicial Branch of the United States. The case provided a power to the courts which made it an equal with both the Executive and Legislative Branches. The cases began as follows. John Adams attempted to fill political positions with those who were apart of his party before his time in office ended, which is something still done today. Adams had the commissions approved by the senate and signed for, even going as far as marking them with the official seal of the US Government (McBride). However, when Thomas Jefferson
...mething that displays the importance between Marbury v. Madison and U.S. v. Nixon was that, “In reaching its decision, in this case, the Supreme Court drew upon the famous statement of Justice John Marshall in Marbury v. Madison, 1803: “It is emphatically the province and the duty of the court to say what the law is” (Guidance Associates). And judicial review has played a significant role in this by allowing courts to have the power to fully enforce the Constitution to protect the public.
Aside from the direct process of changing the Constitution, the effect of its provisions may be changed by judicial interpretation. Early in the history of the republic, in the 1803 case of Marbury v. Madison, the Supreme Court established the doctrine of judicial review, which is the power of the Court to interpret acts of Congress and decide their constitutionality. The doctrine also embraces the power of the Court to explain the meaning of various sections of the Constitution as they apply to changing legal, political, economic, and social conditions. Over the years, a series of Court decisions, on issues ranging from governmental regulation of radio and television to the rights of the accused in criminal cases, has had the effect of bringing up to date the thrust of constitutional law,