SUPREME COURT HANDS DOWN LANDMARK DECISION IN 'MARBURY V MADISON'
Washington, D.C. (JFK+50) On February 24, 1803, Chief Justice John Marshall of the United States Supreme Court announced the decision in the case of Marbury v Madison. The landmark unanimous (4-0) decision established the principle of judicial review*.
The case arose out of the Election of 1800 in which incumbent President John Adams was defeated by Thomas Jefferson. Days before the inauguration, Adams made a number of "last-minute" judicial appointments. One of these was a commission as Justice of the Peace for William Marbury** of Maryland. Mr. Marbury did not receive the commission because President Jefferson ordered his Secretary of State James Madison not to deliver it.
Marbury, then, took his case to the Supreme Court. Although the high court found Marbury's rights were violated, the justices determined the Supreme Court did not have authority to resolve Marbury's issue. In order to pursue the matter further, Marbury would have had to take his case to a lower court, but he did not.
What authority the Supreme Court does have, according to John Marshall, is "the duty to say what the law is."
*judicial review: courts of the United States may strike down laws & statutes which are found to be in violation of the United States Constitution.
**William Marbury (1762-1835) was born in Piscataway, Maryland & became a successful Georgetown banker. As a member of the Federalist Party WM supported John Adams re-election in 1800. His former Georgetown home is known as the Forrest-Marbury House & serves today as the Ukrainian Embassy.
SOURCES
"Building History," The Supreme Court of the United States, www.supremecourt.gov/
"Marbury v Madison," History, August 20, 2021, www.history.com/
