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Concept
Marbury v. Madison
Summary
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that 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. The Court's landmark decision established that the U.S. Constitution is actual law, not just a statement of political principles and ideals, and helped define the boundary between the constitutionally separate executive and judicial branches of the federal government.
The case originated in early 1801 as part of the political and ideological rivalry between outgoing President John Adams and incoming President Thomas Jefferson. Adams had lost the U.S. presidential election of 1800 to Jefferson. 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 his supporters in the Democratic-Republican Party. 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. Jefferson believed the undelivered commissions were void and instructed his Secretary of State, James Madison, not to deliver them. 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.
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