Home » LAW » Marbury v. Madison (1803)

Marbury v. Madison (1803)

Marbury Lecture Part 1

Marbury Lecture Part 2


Go to:   Lyles, Online Supplement for the case.  Or, just click here.


157 Comments

  1. 1. MARBURY V. MADISON 5 U.S. 137 (Cranch. 1803)

    2. Facts:
    In compliance to the 11th section of a February 1801 law, President John Adams appoints William Marbury to be a Justice of peace for the county of Washington. Article 2 Section 2 of the US Constitution states that “the president shall nominate, and, by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, and all other officers of the United States, whose appointments are not otherwise provided for.” The third section declares, that “he shall commission all the officers of the United States.” So, Adams signed the commission and affixed the seal of the United States onto it, but the commission never reached Marbury. The reason was the refusal of delivering such commission by then secretary of State James Madison. In response to this refusal, Marbury files a petition against Madison. It is noteworthy to point out that politics has a role since appointed officials can conform to the discretion of the president.

    3. Issues:
    • A) Did Marbury have the right to the commission he demands in the case?
    • B) Is Marbury, by law, afforded a remedy if his rights were violated?
    • C) If the Court does afford him a remedy, is it a writ of mandamus being issued?

    4. Holding:
    1. Yes, Marbury had a legal right to this commission because he was an official appointed by the president and received consent of the senate for the position. The withholding of the commission an act that violates his right to such commission.
    2. Yes, the court ruled that Marbury is indeed afforded a remedy if his rights for a commission were violated.
    3. No because the Supreme Court has no power to issue a writ of mandamus. The Supreme Court is to decide whether acts of Congress and the President are constitutional or not. The nature of the writ being applied in this case entertains the notion that questions of this writ cannot be made by SC.

    5. Opinion for the Court:
    • Written by Chief Justice John Marshall

    6. Separate Opinions:
    • Concurring or dissenting = None

    7. Additional Notes: This case signifies the importance of judicial review as being a major tool in determining the legitimacy of executive and legislative initiatives. The court has both original and appellate jurisdictions to make these legal determinations on such actions. Another interesting fact is that the case also talks about the mechanics to exercise both original and appellate jurisdictions, appellate being key to a writ of mandamus.

  2. ABDULKABIR THOMAS
    676814632
    MARBURY V MADISON
    5 U.S 137(Cranch. 1803)
    Facts: President John Adams nominated William Marbury as a Justice in the District of Columbia at the tail end of his tenure. Marbury was appointed after the confirmation by the senate, then President Adams signed Marbury’s commission, to be delivered by the secretary of state, John Marshall. Marbury’s commission was not delivered till a new administration came in. New secretary of state; Thomas Jefferson refused to deliver the commission to Marbury. Marbury then filed a suit at the supreme court under section 13 of the Judiciary act of 1789 asking for a writ of mandamus to be issued to compel mandamus to deliver his commission.
    Statement of issues: Is Marbury entitled to the commission legally?
    If an injury has been done to Marbury, can it be remedied?
    If a remedy is required; is a writ of mandamus the right remedy?
    Decisions/Actions: Yes, Yes and No.
    Reasoning of the Court: Marbury’s appointment and confirmation as a Judge was complete legally. The court is the right place to remedy a wrong done to any citizen of the United States under the law. Lastly, the Judiciary act of 1789 is against the law, as it was interpreted as giving congress the powers to grant powers to the supreme court that the constitution did not grant it. An issue of a law v the constitution. This led to the Supreme court developing the Judicial review.
    Concurring Opinion: Unanimous decision of all 4 Judges, 2 Judges abstained.
    Dissenting opinion: None
    Summary of Legal principle: The Marbury V. Madison case led to the establishment of Judicial review by the supreme court to determine acts of congress and the executive which were at variance with the constitution.

    brief marbury v Madison

  3. Brief:

    Marbury v. Madison
    5 U.S 137 (Cranch. 1803)

    Facts:
    William Marbury was appointed as circuit judge by outgoing President John Adams two days before his term ended, but Marbury was never delivered his commission by later Secretary of State James Madison due to the inability to do so in the final hours of John Adams’ presidency by preceding secretary of state John Marshall. Since Secretary of state James Madison refused to deliver the commission, William MArbury filed a petition to the supreme court to deliver the writ of mandamus which demanded that Secretary of state James AMdisondeliver the commision of William Marbury.
    Issues: The issues included whether Marbury had a right to his commission by law and whether the supreme court was able to deliver on the request for the writ of mandamus.
    Decision and Action: The decision by the supreme court was that William murbury was entit;ed to his commission and the law supported his side but supreme court had overstepped its jurisdiction and it was unconstitutional for itn to deliver on the request of the writ of mandamus.
    Reasoning:
    The supreme court believed that Mrubury was allowed to his commission due to the completed process of appointment set in stone before Jefferson’s presidency. Instead of giving the supreme court original jurisdiction, Justice John Marshall found that Section 13 of the Judiciary Act was unconstitutional and therefore judicial courts have the right to authorize the writ of mandamus. So therefore the Supreme court is responsible for upholding the constitution and voiding any laws that violate the constitution or come into conflict with it.
    Summary of Legal Principle(s):
    Marbury v Madison established that Section 13 of Judiciary Act gave the supreme court too much power and that congress was not allowed to amend the constitution. The supreme court on the other hand was allowed Judicial review which allowed it to decide if an act of the legislative branch is constitutional. So the Supreme Cory could not give Marbury his commission even though he was entitled to it.

  4. Marbury V. Madison

    5 U.S. 137 (Cranch. 1803)

    Facts: During the transition from President Adams to President Jefferson, new Judicial Positions were established. With the on-going new positions and with the conflict of sending out those commissions on-time to confirm who took office. Jefferson told Madison not to send out those commissions, even when it had been appointed, confirmed, and when paperwork was vertified. Marbury sued Madison for the Writ of Mandamus.

    Issues:
    1) Did Marbury have the right for the commission and to petition?
    2) Did Marbury have his rights violated?
    3) Would the remedy be a Writ of Mandamus from the Supreme Court?

    Decision and Action:
    1) Yes
    2) Yes
    3) No

    Reasoning:
    1) the validity of a commission starts once a president signs it and transfers it to the secretary of state. The decision had been confirmed. The secretary of state had acted on it.
    2) Having been confirmed the title, Marbury has a right to the commission, a refusal to deliver. Is a violation of that right, for which the law may give him a remedy.
    3) The court has no power to issue such a writ. Due to the jurisdiction relating to the acting of the provision is unconstitutional.

    Concurring Opinion: N/A

    Dissenting Opinion: N/A

    Voting Coalition: (4-0) For the majority: Marshall, Paterson, Chase, Washington. Not participating: Cushing and Moore

    Summary: Marbury V. Madison established the importance of Judicial Review. It granted power to federal courts to review and declare actions, from the legislative branch and the executive branch, as unconstitutional or constitutional.

  5. I. Marbury v. Madison
    II. 5 U.S. 137 (Cranch. 1803)
    III. Statements of Facts: Prior to the transfer of power following the election of 1800, then President John Adams appointed William Marbury as a justice of the peace for the District of Columbia. The appointment was confirmed by the Senate and the commission was signed by President Adams and sealed by the then Secretary of State John Marshall, however, the commission was lost in translation and never delivered to Marbury. In the transition, the new administration found the undelivered commission, and the new President Jefferson ordered his Secretary of State James Madison not to deliver the commission, due to ideological and partisan differences between the incoming and outgoing administrations and their appointees. In response to never receiving his commission, Marbury filed a petition to the Supreme Court asking the court to issue a writ of mandamus in order to compel the Jefferson Administration to produce his missing commission and deliver it to him. Marbury argued that the Supreme Court was the proper venue to air his grievances since Section 13 of the 1789 Judiciary Act granted the Supreme Court original jurisdiction over issues regarding writs of mandamus.
    IV. Statement of Issues:
    1. Did Marbury have a right to his commission? Yes.
    2. Since his right to the commission had been violated, did the law provide a solution? Yes.
    3. Was Marbury asking the Court to issue a writ of mandamus the right solution to this? No.
    V. Holding: Section 13 of the 1789 Judiciary Act is unconstitutional.
    VI. Opinion of the Court per Chief Justice John Marshall:
    1. Marbury was indeed entitled to his commission since he was formally nominated by the President, confirmed by the Senate, and officially appointed by the executive branch with the signature and sealing of the commission.
    2. Since Marbury was entitled to his commission and did not receive it, he was within his rights to come to the judiciary to seek a remedy.
    3. The Supreme Court cannot issue the writ of mandamus that Marbury is asking for since the ability of the court to grant writs of mandamus under its original jurisdiction in Section 13 of the 1789 Judiciary Act is in conflict with Article III of the Constitution and is, therefore, is unconstitutional because Congress does not have the authority to alter the Court’s original jurisdiction. The Court has the ability to strike down acts of the legislature and the executive as unconstitutional because the Constitution is the supreme law of the land and the Justices on the Court are sworn to uphold it as such.
    VII. Concurring Opinions: N/A
    VIII. Dissenting Opinions: N/A
    IX. Additional Notes: The case is important since the exercise of judicial review to strike down an act of the legislature or executive was unprecedented. By denying a power given to the court in a piece of legislation Marshall increased the power of the court exponentially more than what was offered initially. Marbury’s case would have gone in his favor if it was tried in a lower court and appealed to the Supreme Court since it then would have fallen under its appellate jurisdiction which encompasses everything the constitution does not explicitly state as falling under the court’s original jurisdiction. The context of the case demonstrates how appointments to the judiciary and how the size of the judiciary has always been a political issue. Could use additional context on if Marshall had a role in discussing judicial review with the framers and if the federalists had a unified view on the issue of judicial review.

  6. First, I wanted to say that the videos, lectures, and additional learning materials on this page drastically helped me to better understand the case. I am a visual learner and having these materials to guide me through the case was very helpful! Moreover, these are some key notes I included in my brief:

    Marbury v. Madison
    Petitioner: William Marbury
    Respondent: James Madison (Secretary of State)

    At the end of the term of his presidency, President John Adams decided to nominate William Marbury and three other men to serve as justices of the peace in the District of Columbia. It is important to note that the senate consented to the appointments and the president signed the commissions. However, when Thomas Jefferson was sworn in as President, they did not receive their commissions.

    Legal questions
    Did Marbury have the right to the commission? Does the supreme court have the authority to decide on the constitutionality of the actions of congress? Was a writ of mandamus appropriate?

    Decisions & Reasoning:
    Marbury did have the right to the commission as the decision was finalized when Addams was president. The supreme court does have the authority to decide on the constitutionality of the actions of congress. To issue mandamus to the Secretary of State is to sustain an original action, which they considered, in this case, to be outside the constitutional limits of jurisdiction imposed on the Supreme Court.

  7. Marbury V. Madison
    I found the case to be really important because it showed how the judicial was able to interpret the constitution. As well as how Jefferson decided to withhold commissions. I was confused as to why would Jefferson would ignore the law and an order from the court. Even though it is stated that no one is above the law and that also includes the president

  8. Marbury v. Madison
    5 U.S 137 (Cranch. 1803)

    Facts:
    During the election of 1800, current president John Adams nominated John Marshall to be both the Supreme Court Justice and Secretary of State. Prior to this election, federalists had been in control of both congress and the presidency. While losing the election to Thomas Jefferson, Adams appoints William Marbury as the Justice of the Peace for D.C. The federalists decided to take over the third branch, which was the judicial branch. The case revolved around the commission that failed to be delivered by Marbury.

    Issues:
    Did Marbury have the right to the commission?
    Since Marbury had the right to the commission, did the law provide him with a remedy?
    Was a request for the writ of mandamus, filed in the U.S. Supreme Court, the proper remedy?

    Decisions & Reasoning:
    [Marshall] Yes, he was appointed by the president, confirmed by the Senate, and signed by the president. The appointment process was complete. Delivery is not part of the appointment process.
    Yes. If someone is legally wronged, the law must provide a remedy
    No. Section 13 of the 1789 Judiciary Act was “repugnant” to the constitution. Legislation congress gave the supreme court original jurisdiction to hear cases. Marshall asserted that congress could not change the court’s original jurisdiction, as a result, the justices lacked the authority to decide disputes.

    Concurring & Dissenting Opinion:
    Opinions were unavailable in this case.

  9. I liked having the lectures, readings, and other videos as supplemental information for me to sift through during this first case brief. I think I was able to truly understand the more minute details and gain a better understanding. This was way more than what I had ever learned previously in high school or in other courses and forcing myself to dissect all the information and put it into my own words was beneficial. I can confidently say that I can retain all the information presented and what I deem necessary.

    • Brief:
      Marbury v. Madison
      5 U.S. 137 (Cranch. 1803)
      Facts:
      Constitutionality of the Judiciary Act of 1789, then 1801
      Establishes Courts of Appeals and district courts
      Trying to fill positions, but 4 out of 42 are not on time (without commission)
      Section 13 of Judiciary Act of 1789 unconstitutional
      Contested election in 1800 between John Adams and Thomas Jefferson
      Realizing that Adams will lose, John Marshall, the Secretary of State under Adams, wants to keep some power for him and the Federalist party. Especially since the party will lose the Presidency and the majority in senate, they all moved to focus on the judicial branch.
      John Marshall is named Chief Justice of SCOTUS
      William Marbury requests SCOTUS to grant him commission under James Madison
      Did Marbury have the right to the commission?
      Did the Laws provide Marbury a remedy?
      The request for a writ of mandamus filed under SCOTUS the proper remedy?
      Yes
      Yes
      No.
      Action: act is unconstitutional
      Adams had already appointed Marbury. Marbury was also confirmed by the Senate and secretary of state, John Marshall. Marshall claims its the role of SCOTUS to provide a remedy for Marbury. Congress should not have the right to expand their power in the old Judiciary Act of 1789. SCOTUS states the act from Congress is unconstitutional. Now can decide whether different cases are constitutional or unconstitutional as the US Constitution is the overall supreme law of the land.
      Unanimous
      Judicial review is now established as a power held by the SCOTUS to interpret the constitution.

  10. Thalia Valdivia [Brief + Notes]

    [I]: Marbury v. Madison

    [II]: 5 U.S. 137 (Cranch. 1803)

    [III. Facts]: This is one of the many cases of the Supreme Court. In this case, it focuses on John Marshall and his impact on increasing the power of the Supreme Court significantly through decision. This began during the 1800 Presidential Election. At the time, President John Adams had lost the election to Thomas Jefferson. John Marshall was known as the Secretary of the State for John Adams. William Marbury at this time was accredited by John Adams to be a justice. However, President Thomas Jefferson would not allow/approve this commission and requested James Madison [Secretary of State] to not deliver the motion. Congress had given the Supreme Court the ability to issue Writs of Mandamus under original jurisdiction, under the Judiciary Act of 1789. In which, Marbury asked the Supreme Court to issue a Writ of Mandamus for Madison in order to continue the commission.

    [IV. Issues]: The Court raises three questions in this case.
    (1) Does Marbury have a right to the commission?
    (2) If he did have this right, are there laws set in place to give him remedy?
    (3) If a remedy is given, will a mandamus be acceptable?

    [V. Decision and Action]:
    (1) Yes.
    (2) Yes.
    (3) No.

    [VI. Reasoning]:
    -Marbury had already been chosen by President Adams, and he received Senate approval. John Marshall, who was the secretary of state at the time, completed the appointment by signing and sealing it, making you a District of Columbia Justice of Peace.
    -According to Marshall, it is the Supreme Court’s responsibility to ensure that Marbury has a remedy.
    -In Marshall’s view, Congress lacked the authority to increase the Supreme Court’s authority through the Judiciary Act of 1789. The Constitution does not explicitly grant the Supreme Court the authority to issue writs of mandamus under original jurisdiction, hence doing so is illegal. As a result, the Supreme Court declared a congressional act to be unlawful and from that point on decided whether or not congressional acts were constitutional.

    [VII. Concurring/ Dissenting Opinion]: Unanimous decision N/A

    [VIII. Summary of Legal Principle(s)]: Section 13 of the 1789 Judiciary Act was declared unconstitutional in Marbury v. Madison, the Supreme Court was granted the authority of Judicial Review. Marshall clarified that the constitution cannot be changed by Congress. He established judicial review by this proclamation, giving the Supreme Court the authority to determine whether an act of the executive or legislative branch is lawful. Because of this, even though the courts determined that Marbury was entitled to the commission, they were unable to compel Madison to provide it.

    [Notes:] This case was very important and goes down in history. I found it interesting the overall ruling and outcome of this case. It mainly highlights how judicial decisions and judicial review is established. Especially during times in which Congress may do an act deemed unconstitutional.

  11. Brief

    Marbury v. Madison (1803)

    The important aspect of this case was the decision that was made that would change the way the judicial system works. The Marbury v. Madison case is significant to the judicial system because it created one of the key components, judicial review. In which, gives the Supreme Court to determine what is constitutional and unconstitutional. The Marbury v. Madison case begins with the Judiciary Act of 1789 that separated the government and the Supreme Court, giving the SC the advantage of carrying out laws. Section 13 mentions the writ of mandamus, the writ of mandamus which is an order that obligates a federal officer to participate in their official federal duties under court rule. James Marbury was appointed by then president John Adams, a day before leaving office. Marbury never received his noticed of being appointed causing to sue James Madison the new secretary of state, who was sworn in by President Thomas Jefferson. Marbury brought upon his case to the Supreme Court,, the use of the writ of mandamus that was used to obtain back his commission from Madison was declared by John Marshall unconstitutional. The courts decision on the case itself was not declared but based on the facts it was noticed that it was illegal.
    I believe that this case is important to American history because it is one of the cases that defines “checks and balances” in the government. It limits what can and can’t be done within the legislative system.

  12. 1) MARBURY V. MADISON
    2) 5 U.S. 137 (Cranch. 1803)
    3) Facts:
    – This landmark case of the Supreme Court was entirely about John Marshall and the way he significantly increased the power of the Supreme Court through its decision. It all began during the Presidential election of 1800 where President John Adams loses the election to Thomas Jefferson. John Marshall was the Secretary of State for John Adams at that time. Realizing he is going to lose, John Adams begins to make moves that will retain some amount of power for his Federalist party. Since John Adams and the Federalists lose the Presidency and the majority in the senate after Thomas Jefferson is elected president, one of those moves was focusing and targeting the Judicial Branch by naming John Marshall as Chief Justice of the Supreme Court. Additionally, John Adams and Congress pass the Judiciary Act of 1801, which establishes the Courts of Appeal and several district courts. These newly established courts need staff and judges, so John Adams, during his final days in office, appoints 42 judges (Organic Act 1801) to fill these positions. However, 4 of the 42 commissions are not delivered on time. One of those 4 was William Marbury. As a result, Marbury files suit under section 13 of the Judiciary Act of 1789 requesting the Supreme Court to issue a writ of mandamus to James Madison so that he may receive his commission. Chief Justice John Marshall declared section 13 of the Judiciary Act of 1789 UNCONSTITUTIONAL.
    4) Issues:
    – Did Marbury have a right to the commission?
    – Since Marbury had a right to the commission, did the law provide him a remedy?
    – Was a request for a writ of mandamus, filed in the U.S. Supreme Court, the proper remedy?
    5) Decision and Action:
    – Yes.
    – Yes.
    – No.
    6) Reasoning of the Court:
    – Delivery is NOT a part of the appointment process.
    – If someone is legally wronged, the law must provide a remedy.
    – Section 13 of the 1789 Judiciary Act conflicted with the Constitution’s grant of original jurisdiction in article 3. Congress could not change the court’s original jurisdiction and, as a result, the justices lacked the necessary authority to decide the dispute. Section 13 should have been an amendment to the constitution for the Court to have the necessary authority to decide the case. Constitution is the supreme law of the land.
    7) Concurring Opinions:
    – Decision was unanimous. There was no disagreement amongst the justices.
    8) Dissenting Opinions:
    – Decision was unanimous. There was no disagreement amongst the justices.
    Additional Comments: I was speechless at how Chief Justice John Marshall turned down the extra power of original jurisdiction afforded to the Supreme Court by Congress and used the Marbury V. Madison case as a way to greatly enhance the power and influence of the Supreme Court. I was even more impressed that John Marshall had no judicial experience whatsoever prior to him becoming Chief Justice. I believe this case was historical because it was the first time in history that an act of Congress was declared unconstitutional. Moreover, I believe this declaration led to an imbalance in the “checks and balances” system embedded in our three branches of government as the judicial branch, after the Marbury V. Madison decision, wielded incredible influence and power up until 5/20/2020. It really is how Professor Lyles simplified it for us: ‘Marshall said No, we don’t want your original jurisdiction power Congress. It is unconstitutional. And by the way, form here on out I will decide whether an act of Congress is unconstitutional.’

    • Marbury V. Madison
      I found the case to be really important because it showed how the judicial was able to interpret the constitution. As well as how Jefferson decided to withhold commissions. I was confused as to why would Jefferson would ignore the law and an order from the court. Even though it is stated that no one is above the law and that also includes the president.

  13. Marbury v Madison
    1 CR. (5 U.S.) 137 (1803)
    Facts: William Marbury sued in order for President Madison to give him the spot he was commissioned for to be a new judge. He sought after writ of mandamus, a court order requesting that the government perform a certain act. Courts could either grant it and receive backlash from Jefferson or decline it and be shown as powerless in accordance with the executive branch.
    Issue:
    Can Marbury petition for his commission that was set aside for him?
    Does the law provide a solution to Marbury’s rights being violated?
    Can the Supreme Court issue a writ of mandamus?
    Decision and Action: (1) Yes, (2) Yes, (3) No.
    Reasoning: Per Marshall.
    “There shall be appointed in and for each of the said countries, such a number of discrete persons to be justices of the peace as the president of the United States…”
    The president can nominate, with congress, officers of the United States.
    Establishing judicial courts authorizes the Supreme Court to “issue writs of mandamus in cases warranted by the principles of law.
    Concurring Opinions: N/A
    Dissenting Opinions: N/A
    Voting Coalition: For the majority, Marshall, Paterson, Chase, Washington. Not participating, Cushing, Moore.
    Summary: From this case, the Supreme court can act on judicial review and federal courts can declare legislative action.

  14. This case shows how the courts work in terms of judicial review. The most interesting aspect is that everyone has the potential to hear their case. Everyone has been granted the authority to hear a case by a judge. But it is clear that not everyone has an equal opportunity and is not treated equally by the courts. Because people are inherently prejudiced, the concept of justice for all is a difficult concept to implement. In the case of Marbury v. Madison, the courts have established themselves as institutions that seek to eliminate prejudice while enforcing the law fairly and impartially.

  15. Comment
    I think it is important to understand the importance of Marbury v. Madison. Reviewing or interprenting a law also know as judicial review was not a power given to the courts, now with the result of this case its an implied power. The main point of the case was that it established judical review. Stating the act unconstitutional was a big moment as it defined the supreme courts role as the court being equal to and independent of congress and the executive branch

  16. The supplemental materials were extremely helpful in understanding the timeline and background information that led up to this case being filed with the supreme court. Prior to this information, I was aware Marbury v Madison established judicial review but knowing that this case was filed because of the actions of President Adams and his rush to nominate various judges is extremely essential. This case was filed as a result of a president’s intent to continue his beliefs alive in the US Government after his presidency. Which, evidently enough is what all presidents try to do in one way or another whether it is through supreme court nomination or something else. It almost seems as if this case arose out of Adams’s incompetency or need to pack the government with like-minded individuals. I think Marbury V. Madison created an important precedent which has given the supreme court the ability to truly uphold our rights but I am debating if the circumstances that created the case were something worth applauding. As we have seen, what Adams pulled would never occur in current times. The lecture mentioned how the senate would not allow Obama to nominated someone EIGHTEEN MONTHS before his presidency was over.

    Having the supplemental information makes it easy to map out a brief of the case and pull out the keynotes for the case. While reading through the actual decision it was a bit difficult to decipher the language and meaning. However, supplemental resources simplify the important information so that I can actually retain what matters.

  17. Marbury v. Madison
    5 U.S. 137 (Cranch, 1803)
    Facts:
    President John Adams appointed Marbury to serve as a district judge as he was leaving office, but secretary of state John Marshall was unable to deliver Marbury’s commission in the final hours of Adams’ presidency. President Thomas Jefferson then took office, and directed his secretary of state, James Madison, not to deliver Marbury’s commission. Marbury filed to the Court, requesting the Court deliver a writ of mandamus to Madison demanding that he deliver Marbury’s commission.
    Issues:
    1. Did Marbury have a right to the commission?
    2. Since Marbury had a right to the commission, did the law provide him a remedy?
    3. Was a request for a writ of mandamus, filed in the U.S. Supreme Court, the proper remedy?
    Decision and Action: (1) Yes, (2) Yes, (3) No, Unconstitutional
    Reasoning:
    1. Marbury was appointed by the President, confirmed by the Senate, and the commission was signed by the President and sealed by the Secretary of State. These actions are all that needs to happen for the appointment process to be complete, as laid out in the Constitution. Delivery of commission is not required.
    2. Since Marbury was legally wronged, the law must provide a remedy.
    3. According to Marshall, Section 13 of the 1789 Judiciary Act was “repugnant” to the Constitution. Congress gave the Supreme Court originally jurisdiction to hear mandamus cases, which is an additional power that was not originally listed in the Constitution’s grant of original jurisdiction in Article III. Marshall asserted that Congress could not change the Court’s original jurisdiction, which meant that justices lacked the necessary authority to decide the dispute.
    Separate Opinions:
    N/A: There were no separate opinions in this case.
    Comments and Evaluation:
    This was truly a landmark case in U.S. Judicial history. Marshall took the opportunity to reject the Court’s ability to hear mandamus cases, exchanging it for the much more powerful authority of Judicial Review. While previous cases like Hyton v. United States and Calder v. Bull both arguably used Judicial Review, Marbury v. Madison was the first time that it was used to mark an act as unconstitutional. It is surprising to me that the concept of Judicial Review has held so strongly over the years, given its origin as a deeply controversial early Court decision.

  18. When first listening about the case my initial reaction was not of how important this case was but how petty the backstory of this case came off to me as. However, after reading about the case and now fully understanding the ruling, it’s amazing how groundbreaking this case ended up being by establishing judicial review and deciding whether an act from Congress is unconstitutional.

    • Brief:

      Marbury was appointed as a district judge by President John Adams during the end of his Presidency. Unfortunately, Adam’s secretary of state, John Marshall was unable to deliver Marbury’s commission before Thomas Jefferson took office. Once Thomas Jefferson became President he ordered his Secretary of State James Madison not to deliver Marbury’s commission. This lead to Marbury filing a petition to the Supreme Court for a writ of mandamus. If granted the writ would have forced Madison to give the Marbury his commission. However, Chief Justice John Marshall ruled that Section 13 of the Judiciary Act of 1789 which gave the Supreme Court the power to grant writ of mandamuses, was unconstitutional. Marbury vs Madison was a groundbreaking case that established judicial review as well as deciding whether or not an act from congress is unconstitutional.

  19. Marbury v. Madison (1803)
    Brief:
    Parties: William Marbury and James Madison
    Facts:
    John Adams in his last days of presidency nominated William Marbury to be a justice in the District of Columbia. Marbury was confirmed by the senate and president Adams had signed his commission. However, the secretary of state had not delivered Marbury’s commission.

    Marbury filed a petition for the Supreme Court to issue a writ of mandamus to James Madison. This writ was referenced in section 13 of the Judiciary Act of 1789 which outlined that the Supreme Court had the power to issue writs of mandamus. The writ of mandamus would compel Madison to give Marbury his commission as an appointed judge.

    Chief Justice John Marshall decided that Section 13 of the Judiciary Act of 1789 was unconstitutional because it is seen to conflict with article 3 section 2 of the United States Constitution. This decision set the terms and precedent of Judicial Review which states that the Supreme Court has the discretion to decide under the interpretation and review of the Constitution.

  20. Marbury v. Madison
    5 U.S. 137 (1803)
    Statement of Facts:
    Towards the end of John Adam’s presidency, Adams and congress passed the Judiciary Act of 1801. This act created six new circuit courts, which allowed Adams to appoint a great number of judges. In the last weeks of John Adam’s presidency, Adams appointed 42 Justices of the Peace of the District of Columbia. William Marbury was among one of these appointees. Marbury was confirmed by the Senate and John Adams signed the commission. John Marshall was the Secretary of State at the time of John Adams’s presidency. John Adams appointed Marshall Chief Justice of the United States Supreme Court. Marshall did not deliver the commission to William Marbury and left it on the Secretary of State’s desk. Although, the appointment process had been complete. When Thomas Jefferson’s Secretary of State, James Madison, entered office, he did not deliver the commission to Marbury. Marbury filed suit under Section 13 of the Judiciary Act of 1789 for the United States to issue a writ of mandamus to require Madison to deliver Marbury’s commission to him.
    Statement of Issues:
    Is Marbury legally entitled to the commission?
    If the right to the commission exists and it is infringed upon, is the country obligated to perform corrective action?
    If corrective actions are in order, is requesting a writ of mandamus the correct corrective action?
    Decision and Action:
    Yes
    Yes
    No
    Reasoning of the Court
    The courts decided that Marbury did have the right to the commission. They explained that Marbury had completed the appointment process; therefore, he was appointed a Justice of the Peace. He was then entitled to the commission. Since Marbury is legally entitled to the commission, he is should be granted a remedy. Justice John Marshall explained that it is the duty of the law to issue corrective action if someone has been legally wronged. However, Marshall declared Section 13 of the Judiciary Act of 1789 unconstitutional. Congress gave judicial courts the right to authorize a writ of mandamus in section 13 through original jurisdiction. Marshall claims that Congress can not constitutionally give the Supreme Court original jurisdiction.
    Concurring Opinion: N/A
    Dissenting Opinion: N/A
    Voting Coalitions: 4-0 in favor of Marbury. Marshall, Case, Washington, and Paterson voted for Marbury. Cushing and Moore abstained from voting.
    Summary of Legal Principles:
    Marbury v. Madison is a particularly important case because the declaration of unconstitutionality of Section 13 of the 1789 Judiciary Act gave the Supreme Court the power of Judicial Review. Marshall explained that congress does not have the ability to amend the constitution. Through this declaration, he established judicial review, which allows the Supreme Court the ability to decide if an act of the executive or legislative branch is constitutional. Therefore, even though the courts decided that Marbury was entitled to the commission they could not force Madison to give him the commission.
    Free Space:

  21. I. Marbury v. Madison
    II. 5 U.S. 137 (Cranch. 1803)
    III. Facts: William Marbury was commissioned by John Adams to be a justice; however, it was never completed. The next president, President Thomas Jefferson would not approve these commissions and ordered James Madison, the new Secretary of State, to not deliver them. In the Judiciary Act of 1789, Congress gave the Supreme Court the ability to issue writs of mandamus under original jurisdiction. Marbury requested to the Supreme Court to issue a writ of mandamus to Madison to give him the commission.
    IV. Issues: The Court raises three questions in this case.
    (1) Does Marbury have a right to the commission?
    (2) If he did have this right, is there laws set in place to give him remedy?
    (3) If a remedy is given, will a mandamus be acceptable?
    V. Decision and Action:
    (1) Yes.
    (2) Yes.
    (3) No. Action: considered the act of Congress unconstitutional.
    VI. Reasoning: (1) President Adams had already appointed Marbury and was confirmed by the Senate. It was signed and sealed by the then secretary of state, John Marshall which completed the appointment to become Justice of Peace in the District of Colombia. (2) Marshall stated it was the job of the Supreme Court to make sure a remedy was provided for Marbury. (3) According to Marshall’s opinion, Congress did not have the right to expand the power of the Supreme Court in the Judiciary Act of 1789. Granting the Supreme Court the right to issue writs of mandamus under original jurisdiction is not stated in the Constitution and therefore unconstitutional. Because of this, the Supreme Court shut down an act of Congress as unconstitutional and from this point decided whether acts of Congress were constitutional or unconstitutional.
    VII. Concurring/ Dissenting opinion: Unanimous decision
    VIII. Summary of Legal Principle(s): Under Marbury v. Madison, judicial review was established as a power that the Court has to interpret acts of Congress constitutional or unconstitutional.

  22. Marbury v. Madison set such an important precedent because we actually see the concept of “checks and balances” between our governments branches come to fruition. The Judicial branch determined that Marbury’s denial of his commission was in fact unconstitutional, but even then I find myself confused as to why that wasn’t enough for a mandamus just because it was an original case. The fact that Marbury had been appointed and his commission (somehow) approved under the senate, and James Madison was just able to say; “Nope sorry you can’t have it!” and that’s it? Regardless, as I stated above it did set a precedent as it was the first case SCOTUS had declared unconstitutional and emphasized the power of the judiciary.

  23. After reading this court case it was comparable to what we learned about judicial review in class because this case was the first time the supreme court was able to declare the issue unconstitutional. This case was an important case that has not only been remembered a case in our history but has led to a strong demonstration of power for our supreme court because it gave them the ability to rule something unconstitutional and follow our U.S constitution.

  24. This case is key, because it set the precedent for how the Supreme Court would be able to exert power within the US Federal government. Here, SCOTUS was, to a certain extent, given the keys to decide how powerful it would be, so the Court gave itself sweeping power to determine the Constitutionality of any action taken by the Federal Government. This decision by John Marshall definitely seems to be rooted in his politics and political matters, so any claims of the Court being “apolitical” seem to be invalid even from the early days of the Court.

  25. Marbury V. Madison Brief
    5 U.S. 137 (1804)
    As President Adams finished his term in office, he passed acts, created courts, and appointed federalist judges ultimately to leave a reminiscence of his views behind. And he would have gotten away with it too, if it weren’t for a few meddling justices and Jeffersonians. A handful of Adam’s appointed judges didn’t receive their commission despite being approved, and one of these would-be judges, Marbury, brought the issue to the Court pursuant to their newly expanded original jurisdiction. Interestingly, the Court found the act that allowed this case to appear before them as unconstitutional, creating the basis for judicial review and leaving Marbury empty-handed.

  26. The lectures were very helpful in understanding the case itself because the document was pretty confusing to read and to comprehend and I think that the videos explained the backstory of the situation that caused it to be brought to the US Supreme Court.

  27. Brief
    Marbury v Madison is a important case because it shows how even when a Judiciary Act is signed and it gives additional base powers to the US Supreme Court, the act may still be ruled unconstitutional. In this case Marbury had been appointed by the previous President and had been confirmed by Congress but the delivery of his commission was never given to him by the previous Secretary of State. Chief Justice Marshall agreed that Marbury did have the right to ask for a writ of mandamus to receive his commission and had the right to go through the process to get his commission but Chief Justice Marshall disagreed that the US Supreme Court should force the commission to be given to Marbury even though Section 13 of the Judiciary Act of 1789 gave the US Supreme Court the power to issue writs of mandamus, Chief Justice Marshall expressed that this Act conflicted with the Constitution as it was the superior law to all others and that nothing could be added as an original purpose of the Constitution

  28. This case applied the idea of judicial review for the first time. The Supreme Court has the ability to declare something unconstitutional. I think this case is really interesting especially compared to the country today and the modern Supreme Court. This certainly gives them a lot of power and I think many Americans may currently want to see them have less power today. I do however, think it is important for the SC to have power like this.

  29. Marbury V. Madison Brief:

    This case established the power of judicial review and the function of the writ of mandamus. Congress had passed The Judiciary Act of 1789, which created separate government branches and gave power to the supreme court. In accordance with this act, the supreme court had the ability to enforce various laws, including the writ of mandamus as included in section 13 of this act. This writ established that any officeholder of a federal position could be ordered to follow their official obligations if they stray away from them. In the case of Marbury V. Madison, Marbury instructs the supreme court to issue a writ of mandamus to Madison, now the secretary of state, who fails to deliver a commission that declares Marbury a justice of the peace. John Marshall, the chief justice of the supreme court, declares section 13 of The Judiciary Act of 1789 is unconstitutional. This would be the first declaration of an act being unconstitutional. Marshall argued section 13 of The Judiciary Act of 1789 granted the supreme court too much power; the court’s primary role is to determine constitutionality, and the court was unable to decide on this matter.

  30. While watching the lecture, Professor Lyles mentioned the current number of Justices in the supreme court was five and noted the conflict of the Adams administration to secure multiple justices to the court before Thomas Jefferson took office. It’s absurd how we are aware of the flaws in the system, and yet no change has occurred to fix them. I am also puzzled as to why an increase of justices has not happened yet, as I know Biden was considering this an option to make the supreme court “fair.”

  31. I found the supplementary videos on Marbury vs. Madison to be helpful in illustrating the infancy of the United States at the time in which the case was heard. Reading the brief was a bit difficult, especially because the writing can be so difficult to follow. However, reading and watching the films makes it easier to identify key points of the case, as legal questions as well as the Court’s findings. Understanding the foundation as well as the story behind the case helps students understand why key actors behaved the way that they did. Jefferson acted out of spite, Marbury wanted his commission, and Chief Justice Marshall was looking to expand the legitimacy of the judiciary. I believe this to be so as one of the associate justices claimed that they would just be ignored if a court order was issued, which leads me to believe that the Judicial Branch was perceived as the weakest of the three branches at the time. By safeguarding the Constitution in the hands of the Judiciary, their decisions were backed with the added legitimacy of being the interpreters of the ever sacred document.

    • I. Marbury v Madison 5US137 (1804)
      II. 5 U.S. 137 (1804)
      III. Facts
      Intent on disrupting the incoming president, John Adams passed a series of legislative acts which allowed him to pack the Judiciary with members of the Federalist party. This included the Judiciary Act of 1801, which created six new circuit courts and many district courts. In accordance with the act, Adams nominated 42 individuals to these courts, one of which was William Marbury, who was later confirmed by the Senate before the new president took office. In addition, he nominated his then Secretary of State John Marshall to inherit the Chief Justice position, which was left vacant after the retirement of John Jay. Though the two were later confirmed, Marbury never received his commission from the Secretary of State (now James Madison) and wished for Madison to be compelled via a writ of mandamus to deliver said commission. The Court was given the authority to issue writs of mandamus via the Judiciary Act of 1789, which gave the Supreme Court original jurisdiction in mandamus cases against federal officials. Though this practice had become common in the Court, Marshall called Section 13 into question as it conflicted with.

      IV. Issues
      1. Does Marbury have a right to his commission?
      2. Is there a violation of his legal rights? And therefore a right to sue in court?
      3. If so, does the Supreme Court have the authority to order the delivery of said commission to Marbury?

      V. Decision and Action (1) Yes. (2) Yes. (3) No. The Supreme Court held that Marbury had a right to his commission, and had a legal right to sue in order to receive his commission, but that the Court could not issue a writ of mandamus in congruence with the Judiciary Act of 1789, as it was unconstitutional and this null/void.

      VI. Reasoning
      The Constitution of the United States is the Supreme Law of the Land, and although William Marbury had every right to his commission, the Supreme Court had no authority to order a writ of mandamus to the Secretary of State, James Madison. The Judiciary Act of 1789 expanded the Supreme Court’s Original Jurisdiction to include issuing writs of Mandamus, yet there is no mention of this ability in the Constitution. Essentially, Congress had extended the powers vested in our Judicial Branch without amending the Constitution, and as Marshall emphasized this portion of the Judiciary Act was in conflict Article III, Section 2 of the Constitution. Though poor Marbury never received his commission, the Judicial Branch had secured its ability to safeguard the Constitution, and strike down acts of legislation which appear at odds with the supremacy of the Constitution.

  32. Breif,
    In 1789 congress passed the judiciary act that included the Supreme Court has the power to issue writs of mandamus. With this information Marbury sues for writ of mandamus pursuant to provision of Judiciary Act of 1789, taking case directly to the US Supreme Court. Section 13 of the judiciary act gave the Supreme Court jurisdiction in mandamus cases against federal officals. The reason for this is due to the fact of a failure to deliver commissions. Marbury then files the writ of mandamus to madison complelling him to deliver the the commissions. Chief justice John Marchall agress Marbury is entitled to his commission and he should
    have a writ of mandamus to order its delivery, but decides that section 13 of the judicary act is unconstitutional. Stating the USSC declares that it has the power to declare legislation unconstitutional. This ends with the results of the Court proclaiming a new source of power for the Federalist judiciary and there is nothing Jefferson can do about it, because the USSC enforces the decision itself by refusing to take any more writs of mandamus. This is a popular and known case today becuase it was declaring a law of congress unconstitutional establishing the precedent of judicial review.

  33. Marbury v. Madison is a Supreme Court case that established the power of judicial review. They declared an act of Congress unconstitutional. This sort of cemented the Supreme Court’s power in general. It was in regards to the fact that Marbury was appointed Justice of the Peace in the District of Columbia by John Adams, but after Adams had lost to Thomas Jefferson in 1801. As a result, Marbury was appointed the position but did not receive his commission. He then petitioned for writ of mandamus.

  34. While Marbury v. Madison is an important landmark case, knowing the exact history behind it was more beneficial to understanding why it’s so important. I recall learning about this case and it being referenced numerous times but I never understood its big impact and what lead up to it being such an impact until now. The main distinction from other classes and this one is that the ruling on this case is to both uphold and strike down laws; the way I had learned it was to merely strike down.

  35. Marbury v. Madison

    This case established judicial review as a power of the Supreme Court. Before hearing this case (1803), Congress passed The Judiciary Act of 1789 which established that the Supreme Court has original jurisdiction for writ of mandamus. Marbury was a banker who was appointed and confirmed to be a Justice of Peace for D.C. However, he never received his commission due to a newly appointed president (Jefferson) ordering the commissions to be destroyed since they weren’t delivered on time. When Marbury finds out his commission was never given to him, he filed a writ of mandamus to order he be given his commission. The Chief Justice, John Marshall, says that section 13 of The Judiciary Act of 1789 ( which allowed for the writ of mandamus to be filed initially) is unconstitutional. Although he agrees that Marbury did have a right to file this commission and that the law must provide him a remedy. However, he says the remedy should not have been a writ of mandamus because the way the writ of mandamus was presented to The Supreme Court was unconstitutional. He says it is unconstitutional because the constitution exclusively outlines what original jurisdiction The Supreme Court has, and therefore Congress cannot enlarge this without amending the constitution. In doing this, Marshall then establishes that the Supreme Court will determine what is and is not constitutional. He does this based on the constitution being the superior law of the land because it appears before laws are mentioned. This case gave The Supreme Court an ultimate check against all other branches because The Supreme Court now has the power to determine if actions taken by the legislative and executive branches are constitutional.

  36. Judicial review is an overreach of power by the Supreme Court. It gives the court an overwhelming superiority over all other branches by being the ultimate voice. Although the court has exercised this power in many beneficial and crucial ways to further the rights of many marginalized communities, it is still too much power entrusted to one branch.

  37. The timeline of the case is mind-boggling to me because it seems bizarre that an administration that is about to leave office was able to enact so many important decisions. Additionally, these decisions holding so much weight only resolidify how bizarre these actions were.

    • In a more contemporary sense, it reminded me a lot of the contradiction in recent years with appointing Supreme Court justices in election years. In 2016, Merrick Garland wasn’t passed through Congress because Mitch McConnel and the republican Judiciary Committee members refused to hear the appointment and waited until Donald Trump was elected to make his own nomination. However 4 years later, following the death of Ruth Bader Ginsberg, the appointment of Amy Coney Barrett was cleared despite Ginsberg’s death being even closer to the Presidential election in 2020. It is truly fascinating (and a bit terrifying) how much authority and change can happen in the 4-8 years of an administration, no matter how close to the end it may be.

  38. Marbury v Madison Brief:
    The main premise of this case is the constitutionality of the Judiciary Act of 1789. After a highly contested election in 1800 between President John Adams and then Vice-President Thomas Jefferson, by mid December 1800 it had been declared that Thomas Jefferson was the one that won the election. As the outgoing President was of the Federalist Party, that also saw a defeat in Congress, they sought to appoint people of their views to the courts. Then Secretary of State, John Marshall, was named the Chief Justice of the Supreme Court of the United States. In trying to appoint as many justices as possible (42 to the Justice of the Peace in DC), William Marbury was appointed and confirmed by the Senate in the final hours of the Adams term. The commission that was signed and stamped that authorized William Marbury to his post was not delivered to him. This happened to him and three others. The new Secretary of State, James Madison, under the Jefferson administration did not give William Marbury his commission paper at the request of Thomas Jefferson. Filing suit, under Section 13 of Judiciary Act of 1789, requesting that SCOTUS issue a “writ of mandamus” to any court of person holding office. As President Jefferson abolished the 1802 Court Term, the case was settled in 1803. The Court ruled, that Section 13 of the Judiciary Act of 1789 was UNCONSTITUTIONAL (despite being used in 1790s court rulings). The view of the Chief Justice is that, one cannot turn a blind eye to unconstitutional acts. As a result, the Supreme Court decision lacked authority to decide the dispute. Another point made, was the the Constitution is SUPERIOR to any legislation and the Judiciary Act of 1789 gave the Supreme Court too much power. In doing so, Chief Justice Marshall implied that, the Court will decide what is and is not constitutional or unconstitutional. The Chief Justice did agree to the fact that Marbury HAD a right to the commission. The Chief Justice also agreed that the law provided William Marbury remedy. The Chief Justice did NOT agree that it was the proper remedy.

  39. Case brief: Marbury v. Madison (1803)
    Parties involved: William Marbury and James Madison
    Facts: In the last few days of John Adams (federalist) presidency, one of the important tasks he created was to appoint 42 Justices of Peace for the District of Colombia. At the beginning of Thomas Jefferson (Anti-federalist) new presidency four out of 42 did not receive their commission to office, one of them being William Marbury. Marbury filed a case against James Madison (Secretary of State under Jefferson) in the Supreme court by sending a petition to issue a writ of mandamus (ordering inferior courts or public officials to do something or refrain from some action) ordering Madison to give their commission. Former Secretary of State (under Adams) and new appointed Chief Justice (under Jefferson), John Marshall agreed on the fact that the commission was a constitutional piece and should be given back to Marbury, but rejected the congress given power to SCOTUS under Section 13 for issuing writs of mandamus under court’s original jurisdiction as unconstitutional.
    Rationale: The constitution is the supreme law of land, and no person or legislation is above it. Because section 13 is not found in the constitutional therefore, it is unconstitutional. Furthermore, by revoking congresses passed legislative, Chief Justice Marshall created judicial review as a power of the Supreme court in preventing any branch of government for having more power.

    • After reading the document and watching the videos, there is no doubt is to why this case is considered a land mark case of the history of SCOTUS. By creating the power of judicial review, Chief Justice Marshall changed the way the Supreme court exercises their power by overseen the other branches. This power is widely exercised in past and more so in recent cases. While the astonishing fact is that this power is not found in the constitution, was there ever a question of whether or not this power was considered unconstitutional? And also what would have been the result of this case or the history of SCOTUS, if John Marshall had never created this power?

  40. Setting the principal of judicial review by Marshall was very sneaky and clever. Marshall could have called it short by issuing the writ of mandamus to the Secretary of State and requiring Madison to hand over the commission to Marbury. Marshall was obviously playing the long game. Although he could’ve caught a W for team Adams as might have been expected of him, he decided to boldly assert the authority of his Court the moment he saw the opportunity. His reasoning is pretty solid, too. When he was like “So are laws above the Constitution or is the Constitution above laws?” I can only imagine everyone reading that at the time was like “Damn, he’s kinda right.” If team Jefferson had been at the right place and time, they could’ve established that the right to interpret the constitution was the duty of the People (legislature). Marshall had the opportunity, he took it, and no one was able to argue after the precedent had been sent.

  41. Comment:

    This case was so important and historical for the very significant ruling where congress can’t give the Supreme Court more than it already has. This will prevent the corruption of the constitution and create a beautiful standard that was presented by Chief Justice John Marshall. It is amazing to see how the case itself isn’t relevant, but the decision made by the court is very significant in ruling the fate and future of this country thanks to the intelligence and intellect of John Marshall (who had no prior legal experience).

  42. Brief:

    Facts-
    Marbury v. Madison, Congress passed original jurisdiction onto the Supreme Court for writ of mandamus and Marbury wanted this new power exercised after John Marshall couldn’t deliver his commission and Thomas Jefferson had James Madison destroy it (with 3 other commissions). This made Marbury have this case heard for the FIRST TIME in the Supreme Court using section 13 of the 1978 Judiciary Act by calling forward James Madison. With this case being developed, John Marshall (now Supreme Court Chief Justice) wants to declare this new ruling from congress unconstitutional and the first to not be upheld but struck down by the Supreme Court. Marshall decided that congress can’t and won’t give the Supreme Court more power.
    Issues-
    Marbury claims that Madison got rid of his commission paperwork after being appointed as judge by the previous president and senate. Marbury calls section 13 of the 1978 judiciary act to bring forward James Madison in front of the Supreme Court under its original jurisdiction due to the injustice.
    Holding-
    The Supreme Court shall have power to issue writs of mandamus to any person holding office as their original jurisdiction.
    Rationale-
    Case was not decided, Chief Justice John Marshall ruled that the power to act section 13 was unconstitutional as congress gave the court too much power.

  43. Marbury Vs. Madison was a historically significant case. It introduced judicial review and the writ of mandamus. Marshall could have ruled the case in a different way, which would have changed history significantly. But the concern was if the courts has jurisdiction to extend the remedy and if Marbury has his rights violated. Either way the final scenario could have been different.

  44. Marbury v Madison is an extremely important case. When reading and watching the videos, I kept thinking about how different our country would look if judicial review was not established. If the Supreme Court could mandate things instead of just deciding the constitutionality of laws, I am not sure that the three branches of government would work as well as they do.

  45. 1. Marbury v. Madison
    2.5 U.S 137 (Cranch, 1803)
    3. Statement of facts: The parties involved in this case are James Madison who was secretary of State under Thomas Jefferson, and William Marbury who was nominated to be justice of the peach for D.C by former president John Adams. During the last months and days of the Adams presidency, the federalists were pushing to nominate and confirm around 50 judges knowing that the Jeffersonians would be coming to power under Jefferson’s presidency. One of the important appointments was that of John Marshall (secretary of state under Adams) to chief Justice of the Supreme Court. During the chaos of these various nominations and confirmations, four commissions notifying the nominees that they were appointed by President Adams were not sent out by the Secretary of State the last hours of the the Adams presidency. One of of these commissions was the commission of William Marbury.
    4. Procedural History: Marbury, Ramsay, Hooe and Harper filed suit in D.C under section 13 of the Judiciary Act of 1789, requesting the Supreme Court to issue a writ of mandamus to Secretary of State James Madison so that he feels compelled to deliver the commissions.
    5. Issues:
    Did Marbury have a right to the commission?
    Since Marbury had a right to the commission, did the law provide him a remedy?
    Was a request for a writ of mandamus the proper remedy?
    6. Judgment:
    Yes.
    Yes.
    No.
    7. Holding: Congress could not change courts of Original Jurisdiction and the Justices lacked the necessary authority to decide the dispute since they cannot hear a mandamus case according to the powers given to the Supreme court in the constitution. Thus, section 13 of The Judiciary Act of 1789 was ruled unconstitutional.
    Rule of law or legal principle applied: The Unites States Constitution Article III granting only specific types of Original Jurisdiction to the Supreme Court.
    8. Reasoning:
    Marbury had a right to his commission becuse he was already appointed by the President and confirmed by the Senate, and receiving commissions were not part of the appointment process.
    Marshall stated “If someone is legally wronged, the law must provide a remedy” (Marshall 1803).
    Section 13 of The 1789 Judiciary Act was “repugnant to the constitution”. It gave the Supreme Court original jurisidiction to hear mandamus cases, but this was an adiditional power that directly conflicted with the Original Jurisdtction powers granted to the Supreme court by the consitutition in Article III.
    9. Concurring/Dissenting opinions: N/A The court voted unanimously.
    10. Additional comments/Personal impressions: This case was a landmark case in the Supreme Court since it was the first time Judicial review was used to mark an act of congress/law unconstitutional, whereas we learned through Dr. Lyles lecture that Hyton v United States and Calder v Bull were both cases that utilized judicial review to hold a law as constitutional. Overall, I found the case to be quite complex and a bit confusing but the lecture videos and Marbury’s five points helped immensely when trying to decipher what information to include in my brief.

  46. Comment: Marbury v. Madison

    I thought that this was an interesting case due to the fact that John Marshall played two separate roles between two presidents and that a writ of mandamus was unconstitutional when issued by the Supreme Court. The definition I wrote down from class doesn’t specify any individual that can issue the writ of mandamus. I found that the most compelling aspect.

  47. Brief: Marbury v. Madison

    Essentially formed judicial review, which allowed the US Supreme Court to review what laws, orders, acts or rules were constitutional. This came about when before leaving office, John Adams appointed judges. Adams signed and sealed these commissions and his Secretary of State, John Marshall, was supposed to deliver these letters. However, did not because he then became Chief Justice that sworn in Thomas Jefferson. Jefferson appointed a new Secretary of Sate being James Madison who was told by Jefferson to not deliver the commissions to the appointees. William Marbury was an appointee and sued Madison for not delivering the commissions. Marbury argued that under Section 13 of the Judiciary Act, the Supreme Court had the right to supply writs of mandamus when hearing cases not just in appellate jurisdiction but in original jurisdiction. A writ of mandamus orders lower courts or public officials to do something or refrain from some action. Chief Justice John Marshall voiced that Marbury had the right to be delivered his commission along as an appointee and that it was illegal not to receive it. However, Chief Justice John Marshall established judicial review to prevent any one branch from being too powerful.

  48. Marbury V. Madison
    This is just a complicated case because when there’s misunderstanding between the executive and the supreme court it will be hard to resolve that issue. I think the president should give Marbury the commission so that Marbury could perform his task peacefully. However, the president knew very well that he couldn’t stop carrying his work even though he wasn’t given the physical paper of commission. I think the president wanted to show the judges that the executives can have solely power to them and wanted to make them the least in the federal gorvernment.

  49. Marbury v. Madison is essentially where judicial review came to life. Writ of mandamus. Marbury did not receive that commission he has the right to sue. The way that John Marshall decides to go on about this case is very interesting to me.

  50. I enjoyed reading the case of Marbury V. Madison as it was an enlightening read of a historic Supreme Court Case. Reading how the idea and enactment of judicial review came to be was interesting to say the least. Funny how this case was even necessary for that kind of idea to be born.

  51. Marbury v. Madison seems like such an interesting case. It was definitely hard to understand at first but the lectures have helped a lot. I think that it is extremely interesting on how Marshall comes to the conclusion that he comes to and how he determines that SCOTUS has the power of constitutionality.

  52. Marbury v. Madison has been such a great case to read about. I know it was only 8 pages, but it still took me a few days of studying and reading before it all started to “click” inside my head. I think it was a good idea for Justice Marshall to recognize a greater view of the Court’s original jurisdiction, in that it is required to conduct judicial review as a check against the other two branches. This case makes that certain, where James Madison wants to deny Marbury his legal right to hold his office. It reinforced that the legislature, judiciary and executive cannot do as they please, but instead must follow constitutional law, or craft constitutional amendments to reflect policy goals. The one thing I do get concerned with is the Rule of Four that we talked about in class last week. If I remember correctly, we learned that SCOTUS must get a vote by 4 or more Justices in order for the case to be taken on. However, this isn’t required by law and is just a political norm. I do wonder when the time will come when the rule of four gets broken, for better or for worse, and how congress would respond to that.

  53. Marbury vs Madison
    In this case. Marbury (had been appointed for Justice of Peace by former President John Adams) had not received his commission. It had been signed by Adam and approved by the Senate, but the physical paper was not given to him by Secretary of State, John Marshall. The new Presidency term came, now with Thomas Jefferson as president and Madison as Secretary of State. Marbury used Section 13, which was passed by Congress and President Adams and permits to issue writs of mandamus. Therefore expanding what SCOTUS could do. Nevertheless, this new ability was not written in the Constitution, and Judge Marshall found that it was unconstitutional to change the Constitution by a simple legislation. The Constitution states that the case had to pass through a lower court before being send to the Supreme Court, and not directly. Not even the president, the S.C., nor congress were above the law. John Marshall expanded the power of the Court by stating that it was the Supreme Court who could interpret the law, and they would follow the Supremacy Clause only. Although Marbury was not given his commission. This case is important because it established judicial review and expanded the power of SCOTUS even though it took power out of itself in a way.

  54. Marbury v. Madison
    Facts:
    -Parties: James Madison & William Marbury
    -Upon leaving office, James Madison decided to pack the court with over 50 Federalist judges in order to counteract Thomas Jefferson’s Dem-Rep party – One of the appointed being William Marbury
    -The senate confirmed Marbury and Adams signed the commission to the officer
    -New Justice Marshall was responsible as Sec. of State to Adams to seal the commission and deliver it to Marbury – Marshall failed to deliver
    -New Sec. of State, James Madison is ordered by new Prez TJ, not to deliver the commission
    -Marbury brought an action of writ of mandamus against SC under section 13 of Judiciary Act 1789.
    Issue:
    -Issues before the Court in Marbury extended beyond whether or not Marbury deserved his commission. The more crucial part was Marshall’s view that Section 13 of the Judiciary Act of 1793 was unconstitutional on the grounds that the original jurisdiction given to the Supreme Court was by the Constitution
    Holding:
    -federal courts had the power to overturn an act of Congress on the ground that it violated the U.S. Constitution- judicial review
    Rationale:
    -The Function of Judicial Review is to determine validity with respect to the written constitution- it can declare an act of congress or president constitutional or unconstitutional.

  55. Marbury v. Madison is such a significant case in American history because it allowed the Supreme Court to exercise their power in judicial review in such an ingenious way. John Marshall and the other justices understood that there would be problems if they sided with either William Marbury or the Thomas Jefferson administration, because it all would reflect on their authority and their relationship to the executive branch of government. The court made the fair decision to follow the rules set by the Constitution. They determined that Madison’s withholding of Marbury’s commission—which he had a legal right to—was illegal, but it was also unconstitutional for the Supreme Court to expand its jurisdiction and issue a writ of mandamus.

  56. Case brief from POLS 356/358

    The case of William Marbury v. James Madison revolved around the question of if SCOTUS has the authority to order the delivery of the commissions, referring to the commission of judges by John Adams after he and Congress passed the Judiciary Act of 1801, through a writ of mandamus as well as if SCOTUS has the right to judicial review which would ultimately result in determining whether or not something, such as a law, is or is not constitutional. The court found that it was unconstitutional for Madison to refuse the commission and referred to the Judiciary Act of 1789 which improperly enlarged the jurisdiction of SCOTUS. John Marshall during this case restated that SCOTUS’ decision is the supreme law of the land.

  57. Marbury v. Madison is a landmark case because it establishes the SC’s power allowing them to interpret the constitution. The case established judicial review and set a precedent for futures cases. This was a moment, just as the video states, where there was a risk that the President may not comply with SC orders. Fortunately, the court found a way out of the issue through reviewing the Judiciary Act of 1789. This case helped legitimize the notion of “judicial review,” which arguably makes the SC the most powerful branch in government.

  58. Setting the precedent for judicial review, was extremely important to the function of the supreme court. Though one could argue judicial review may be undemocratic, the court would arguably hold very little power in comparison to the power of the other two branches.

  59. Marbury v Madison
    1 CR. (5 U.S.) 137 (1803)
    Facts: William Marbury sued in order for President Madison to give him the spot he was commissioned for to be a new judge. He sought after writ of mandamus, a court order requesting that the government perform a certain act. Courts could either grant it and receive backlash from Jefferson or decline it and be shown as powerless in accordance with the executive branch.
    Issue:
    Can Marbury petition for his commission that was set aside for him?
    Does the law provide a solution to Marbury’s rights being violated?
    Can the Supreme Court issue a writ of mandamus?
    Decision and Action: (1) Yes, (2) Yes, (3) No.
    Reasoning: Per Marshall.
    “There shall be appointed in and for each of the said countries, such a number of discrete persons to be justices of the peace as the president of the United States…”
    The president can nominate, with congress, officers of the United States.
    Establishing judicial courts authorizes the Supreme Court to “issue writs of mandamus in cases warranted by the principles of law.
    Concurring Opinions: N/A
    Dissenting Opinions: N/A
    Voting Coalition: For the majority, Marshall, Paterson, Chase, Washington. Not participating, Cushing, Moore.
    Summary: From this case, the Supreme court can act on judicial review and federal courts can declare legislative action.
    Free Space:

  60. I. Marbury v. Madison

    II. 5 U.S. 137 (1803)

    III. Facts: In the final weeks of the Adams administration, the Federalists in Congress created a plethora of new judicial positions, and Adams filled them. In the chaos of transitioning from one presidency to another, Adams’ secretary of state John Marshall failed to send some of the judges their commissions on time. When Thomas Jefferson assumed office, he told his secretary of state James Madison not to send out the commissions, even though the appointees had been appointed, confirmed by the senate, and had their paperwork signed by the president. One of the would-be judges, Marbury, sued Madison, and asked that the Supreme Court issue Madison a writ of mandamus that would force him to send the commission, which section 13 of the Judiciary Act of 1789 said they had the jurisdiction to do.

    IV. Issues:
    1. Is Marbury entitled to the petition?
    2. If so, is there a remedy for him to receive it?
    3. If there was, was that remedy a writ of mandamus from the Supreme Court?

    V. Decision and Action:
    1. Yes
    2. Yes
    3. No

    VI. Reasoning:
    1. Marbury had been appointed, in the view of the court. The delivery of the commission was a purely ceremonial act, and was not part of the appointment process. Once he had been appointed by the President and confirmed by the Senate, he held the judicial title for five years, and the documentation proving so became his property.
    2. Where there is a legal right, there is also always a legal remedy, otherwise, rights are meaningless. It just may not be able to be provided by this court.
    3. In the view of the court, they did not have jurisdiction to provide a ruling on this case. While section 13 of the Judiciary Act of 1789 said they did, that was contrary to what the Constitution said. The Constitution says the Supreme Court only has original jurisdiction over cases in which one of the parties is a state, or a foreign diplomat. The court didn’t think the extra original jurisdiction Congress had granted them in 1789 was legitimate, as the Constitution was the supreme law of the land, and any laws the legislature pass that are not in accordance with it are void. To not do so, and to let Congress pass unconstitutional laws, would render the constitution meaningless, and give the legislature far more power than the founders ever intended. So, while the court viewed Marbury as having been wronged, and believed he was owed a remedy, they declined to grant it to him, and declared the law that said they could do so to be unconstitutional, establishing the concept of judicial review, believing that it was their duty to review the constitutionality of laws to uphold their oath to the Constitution.

    VII. Concurring Opinion: N/A

    VIII. Dissenting Opinion: N/A

    IX. Voting Coalitions: (4-0) For the majority: Marshall, Paterson, Chase, Washington. Not participating: Cushing and Moore

    X. Summary: This case established that the Supreme Court could exercise judicial review to declare acts of Congress void on the grounds that they are unconstitutional, vastly increasing the court’s power.

  61. Marbury v. Madison is primarily concerned with jurisdiction. As discussed in class, the Supreme Court has two types of jurisdiction: original and appellate. In Marbury v. Madison, the Court was asked to make an original ruling and to issue a writ of mandamus (an order for a lower court or public official to do, or not to do, something). Rather than expand the court’s power by finding the Judiciary Act of 1789 to be constitutional (and issue the writ of mandamus), the Marshall Court found the Act to be unconstitutional. This was because the Constitution (in Article III Section 2) states that “In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction.” The Court found that Marbury’s case did not fit the criteria for original jurisdiction, and thus struck down the Judiciary Act of 1789. The Court refused to issue the writ of mandamus, consequently limiting its own power but reinforcing the supremacy of the Constitution (found in Article VI, Section 2). Marbury v. Madison may have primarily concerned the Court’s jurisdiction, but the effect of the ruling was to keep the Court’s scope narrow, reinforce Constitutional supremacy, and arguably to keep the Court non-partisan. (Every act can be considered partisan, but by working earnestly to honor the letter and intent of the law (and not expand the Court’s powers by disregarding Article III Section 2 and recognizing the Judiciary Act of 1789), the Court found a apolitical avenue to settle a decidedly political question.)

  62. I. Marbury v. Madison
    II. 5 U.S. 137 (1803)
    III. Statement of Facts: In the waning days of the Adams administration, the president wanted to appoint as many Federalists to be justices of the peace for the District of Columbia before the Thomas Jefferson, a Democratic Republican, took over the presidency. Adams selected Federalists that he wanted appointed to be justices and had his appointments approved by Congress. He commanded John Marshall, the Secretary of State, to deliver the commissions to his nominees, but Marshall didn’t deliver them all in time before Jefferson took power. Seeing how he was now the president, Jefferson decided to order James Madison, the new Secretary of State, not to deliver commissions to some of Adams’s nominees. One of those nominees, William Marbury, decided to petition to the Supreme Court in hopes of being granted the position that he felt was rightfully his.
    IV. Statement of Issues:
    1. Should Marbury and the other Adams nominees be given the commissions that were promised to them?
    2. Can Marbury and the other Adams nominees petition the Supreme Court to receive these commissions?
    3. Does the Supreme Court have the authority under the Constitution to issue a writ of mandamus to solve a case?
    V. (1.) Yes (2.) Yes (3.) No
    VI. Reasoning of the Court
    1. Under the Constitution, the President of the United States has the power to judicial and other appointments with Senate approval. It doesn’t specify in the Constitution that commissions need to be hand-delivered to nominees in order for them to be given their position.
    2. Marbury has a legal right to his commission since his nomination went through the constitutional nomination process. During legal disputes, the law allows for a writ of mandamus.
    3. The Constitution does not allow for the Supreme Court to issue a writ of mandamus. Therefore, the Judiciary Act of 1789 is deemed unconstitutional and overturned.
    VII. Concurring Opinion: N/A
    VIII. Dissenting Opinion: N/A
    IX. Voting Coalitions: (4 to 0 in favor of Marbury) For Marbury: Marshall, Paterson, Chase, Washing (Cushing and Moore abstain from voting).
    X. Summary: The most important Supreme Court case in the history of the United States. By curbing its power by ruling the Judiciary Act of 1789 unconstitutional, the Supreme Court, led by John Marshall, granted itself a far greater power of judicial review. From this case, the Supreme Court could now deem laws passed by Congress unconstitutional.
    XI. Free Space:

  63. I. Marbury v. Madison
    II. 5 U.S. 137 (1803)
    III. Facts: Toward the end of his presidency, John Adams appointed William Maybury to Justice of the Peace for the District of Columbia. This decision was first approved by Congress and then signed by then secretary of state, John Marshall. Marshall failed to deliver Maybury’s commission and his replacement, James Madison, refused to do so. Maybury requested a writ of mandamus from the Supreme Court.
    IV. Issues:
    (1) Does Maybury have the right to the commission he demands?
    (2) If Maybury has that right and it’s been violated, does the law provide a solution?
    (3) If the law does provide a solution, is it a writ of mandamus issued by the Supreme Court?
    V. Decision and Action: (1) Yes, (2), Yes, (3) No.
    VI. Reasoning: Per Marshall.
    (1) The United States Constitution allows for the President to nominate and, with the consent of the Senate, appoint officers into positions. Furthermore, an act of Congress directs the secretary of state to record and stamp the appointment. Nowhere in the Constitution or law is it stipulated that the commission must be delivered and received in order for it to be valid.
    (2) Given that Maybury has a legal right to his commission, any refusal to deliver is in violation of that right. The law provides an adequate solution in the allowance of a writ of mandamus, which the applicant can request in the event that his rights have been violated.
    (3) The Supreme Court can not issue a writ of mandamus, because the Constitution does not allow for it to do so. It is, therefore, an improper legal solution to Maybury’s situation. While this right was given to the Supreme Court by an act of Congress, it does not align with limitations placed on the Supreme Court by the Constitution and is, therefore, unconstitutional.
    VII. Concurring Opinion: N/A
    VIII. Dissenting Opinion: N/A
    IX. Voting Coalitions: (4 to 2). For the majority Marshall, Paterson, Chase, and Washington. Cushing and Moore did not participate in this case.
    X. Summary: Established judicial review, as the ruling struck down a congressional act that did not, in the court’s opinion, align with the United States Constitution.
    XI. Free Space:

  64. It was interesting to learn how it only took one court case to change the entire trajectory of the Supreme Court’s role in this country. It also did not occur to me that the Court had utilized those powers from the beginning. Marshall was smart to do this, as so many amazing things have resulted from Supreme Court rulings. However, it’s interesting to think about how much more politicized the Supreme Court must have become once they were able to strike down laws like this! It seems like from the lectures that it was always used politically by presidents, but maybe not with the stakes that it has today.

  65. Marbury v. Madison is what paved the way and was set as the foundation of the Supreme court today. Something that I found interesting was that this case is what established judicial review. This allowed for a form of checks and balances so that other branches of the government could keep tabs on each other. But it also gave the Supreme Court of the Unite States all of its power over all other courts.

  66. I was intrigued by one of the questions of Marbury v Madison of whether the Court had the authority to order the delivery of their commissions. This is because I recently learned the the Court typically avoids ordering either Congress or the Executive to action in case they are ignored and are therefore made to appear weak to the public, Congress, and the Executive. Instead, they advice and review their actions. So, it is interesting to come full circle to the case, and Justice (Marshall) opinion that established the court’s authority to rule a law constitutional or unconstitutional– although started out as a case about an appointee petitioning for his withheld commission from the new presidential administration through a writ of mandamus.

  67. Marbury V. Madison is a very important case and really does set the base for judicial review. I think that when they bring up the fact that they did not want Federalists as Judges because there were already many Federalists in court decisions. Marbury was a federalist who wanted to and strongly believed he needed to be a supreme court judge making John Marshall make the big decision of putting him against the president’s wishes to not have any federalists on the supreme court.

  68. Marbury v. Madison is considered one of the first, and one of the most, significant Supreme Court cases because it established the power of judicial review. Judicial review is when the Supreme Court can review the constitutionality of a legislative act, essentially saying if an act passed by Congress is allowed within the scope given by the Constitution. This case began when William Marbury was appointed as a D.C. justice of the peace by President John Adams. Adam’s Secretary of State failed to deliver the commission before Thomas Jefferson began his presidency and Jefferson ordered it not to be delivered. Marbury brought a writ of mandamus directly to the Supreme Court and in the following case the Court stated that it was illegal for Madison to not deliver the commission. More importantly, Chief Justice Marshall’s decision made it so the court could now determine what really counted as laws and gave them the ability to strike down laws that violated the U.S. Constitution.

  69. Marbury v. Madison is a representation of the lengths the government will go to for those it deems worthy. While this is considered one of the most important cases, it started over commission and a technicality. Even so, this seemingly small issue displays a power of the court to deem itself unconstitutional when needed. And yet, larger, and more horrifying issues such as slavery and the tortures they suffered- codified under the law- remain untouched for years following.

  70. Heard by the supreme court in 1803, the case of Marbury v. Madison is a landmark case in its establishment of judicial review. This power allows the Supreme Court to rule that an act from congress or the president violates the constitution and should therefore be considered null and void. William Marbury, being one of John Adams last minute appointees, filed this suit against incoming president Thomas Jefferson and Secretary of State James Madison claiming his commission was withheld from him unjustly. The court had to decide whether or not a writ of mandamus could and should be issued in this case. The court found that a writ could not be issued because section 13 of the Judiciary act of 1789 was unconstitutional. This marks the first time in which the supreme court officially established this authority to decide constitutionality making use of its most important tool to check the power of congress and the presidency.

  71. Tying in the power of the electoral college and the souths influence over presidential elections gives the story of Marbury v. Madison a new spin. This shows us how far an embedded the fight has been for political parties and individuals goes to push forward their personal agendas. This is also a sign of how the Supreme Court picks cases to send different messages of power and constitutionality. Justice Marshall took a case of a missing commission notice and turned it into precedent for the power of one political party and their branch over another. I appreciated looking at this case through the scope of 358 and think its expanding the image of historical events and their influence on our present.

  72. This case of Marbury v. Madison pushed forth judicial review because the Supreme Court can not issue a mandate that something happened. Judicial review gives the American Courts the power to strike down laws and statutes that violates the constitution.

    I wonder how things could of been different if Marbury did get the right of commission and judicial review didn’t come up? How may things be different?

  73. Marbury V. Madison is a case that was brought before the Supreme Court in 1803. This case that started as a dispute between Marbury because of the legal harm his commission was not delivered and Madison for not delivering it, ended as one of the most important decisions of the court. This case culminated in chief justice of the Supreme Court Marshall establishing the precedent for judicial review. This is arguably one of the most significant decisions as it gave the Supreme Court the power to evaluate and decide whether executive and legislatives acts are constitutional.

  74. I find it interesting how the justices had to explicitly make their case that their decisions had nothing to do with politics. Their first major case was directly involved in the political dynamics and power withholdings amongst some peace commissions. The court had to precisely articulate its authority over the matter, despite it being political in nature. The court’s deliberation and ruling was not political as it was merely defaulting to its constitutional authority as stated in constitution; and, the constitution itself taking priority over all other state laws (ie supremacy clause). In effect, the court did not give itself authority to rule in such a case, but, instead, articulated and defended its purpose and authority as written in the constitution.

  75. Marbury v. Madison is one of the most important cases when it comes to the Supreme Court in regards to judicial review. This case established the legislative power that the Supreme Court had to determine whether something is unconstitutional or not. I always find the case interesting and very ironic because of the roles that the individuals in this case had. The fact that it all started because Madison was mad about not getting commission. Who would have thought that something so small would build the foundation for the Supreme Court going forward. It was a little hard to read the document but with the knowledge that I already had about the case and using what I could comprehend, I understood the main point of it.

  76. Marbury v. Madison is arguably the most important Supreme Court decision delivered so far. I believe it is fair to say that Chief Justice Marshall pretty much gave the Supreme Court most of its power by establishing judicial review. Before this class, I had only heard about the general aspects of this case, so I am very excited to hear a deeper explanation and discussion regarding such a famous case. I had to read the case more than once in order to clearly understand it, but I look forward to our class discussion of the case.

  77. This case was, well, a lot. Effectively solidifying judicial review as it stands currently in the United States, Marbury v. Madison, effectively gave the Supreme Court the ability to strike executive and legislative acts down as unconstitutional, rather than solely uphold them as constitutional. Marbury as an appointee had a right to his commission, even if it wasn’t delivered to him in the miniscule amount of time expected (despite being approved by a simple majority), and the Supreme Court ruled that Marbury was entitled to his position and Jefferson was trying every legal avenue to deny someone their rightful position (in opposition to him). This sort of scheming is so typical of politics today. Good to know nothing has changed from 1776-2022 in the hellscape of American politics.

  78. This case is both interesting and strange, as well as one of the most important cases in the history of the United States. Not only does it establish judicial review but also gives SCOTUS the voice to say what is constitutional and what is not. That itself is more significant than the ruling from the case itself. The Constitution itself was given a voice in a sense, as Chief Justice Marshall said that the Court must protect the Constitution from any inferior law.

  79. I believe Marbury v. Madison is one of the most important cases in history since the principle of judicial review was established in the United States Supreme Court (1803), which gave federal courts the power to declare legislative and executive acts unconstitutional. The Supreme Court’s most well-known power is judicial review, which allows the Court to declare a legislative or executive act to be in violation of the Constitution. This gives the judicial branch more power and says, which I think helps with the separation of power.

  80. This case is obviously one of the most significant in the supreme courts history, asking whether or not the Supreme Court has power written outside of the constitution to declare a legislative or executive act unconstitutional. I do find the circumstances of how this case came to be, really funny as it all started with Marbury being upset about not being allowed to hold a bench that was assigned to him!

  81. Marbury v. Madison established the power of judicial review. It occurred when Thomas Jefferson withheld judgeship from 4 justices that were expected to receive commissions. One of these justices was Marbury who took the case to the Supreme Court to sue Jefferson. The Supreme Court ruled that it was illegal for Jefferson to withhold Marbury’s commission. This case is impactful because it shows how the Supreme Court evolved from a weak judicial power to a power on parallel ground with the executive and legislative branches.

  82. As I was reading the case, I was having a difficult time understanding what it was about as the language was quite confusing and new to me. I have heard a lot about this case and how it is well known and really important to the Supreme Court. It wasn’t until I watched the videos when I started to better understand the case and why it is so important to learn about, as important topics such as the writ of mandamus, jurisdiction, and judicial review were all addressed and discussed. I found it quite interesting how Marshall came to the decision of declaring section 13 of the Judiciary Act as unconstitutional as opposed to just declaring that the Court did not have jurisdiction in the case. While I do think the actions of Thomas Jefferson and members of his party were unfair in their decision to not give the judges their commissions, the case brought up a larger issue that gave legitimacy to the Supreme Court as a branch of government and having the important role in being the only ones to decide what the Constitution means.

    • Hi Selene,
      It is difficult to follow the legal constitutional issues in Marbury. Did the recorded lecture help with your understanding? Please feel free to ask me any questions in class, or, via email.

  83. To me, the conclusion of this case has always felt something like a Joseph Heller novel. What started as a simple demand by Marbury led to a politically-charged lawsuit and a decision that weaved through Constitutional law to create the Supreme Court as we know it today. I believe that, had this decision not been written by John Marshall, our Supreme Court would be nearly powerless as it is in contemporary Britain. Without the teeth of judicial review, the powers of Congress and the Presidency would’ve ballooned even farther than they already had. Indeed, Marbury v. Madison attained the true ideals of the Framers by ruling on a case involving three of them.

    • Hi Connor,
      “What started as a simple demand by Marbury led to a politically-charged lawsuit and a decision that weaved through Constitutional law to create the Supreme Court as we know it today.” You will see the pattern repeat in Dred Scott.

  84. I think it’s interesting how this case worked out. Chief Justice Marshall didn’t have time to deliver the commission to Marbury which then led to Marshall making one of the defining laws of the United States of America. I could not imagine what the country and its political system would look like today if it weren’t for the creation of judicial review. Giving only the Supreme Court the right to interpret and determine what the law is. If this writ of mandamus was still in place, it would give the entire political system a say in what the constitution is and the Supreme Court would not be as powerful as it is today.

  85. Besides all the nepotism, Marbury v. Madison is one of the most important cases in the history of the U.S. because it established that the Constitution is superior legislation that limits the powers of the different branches of the states and that is the Supreme Court duty to protect the individual’s right under the law thereby to determine what law is according to the Constitution.

  86. The case of William Marbury v. James Madison revolved around the question of if SCOTUS has the authority to order the delivery of the commissions, referring to the commission of judges by John Adams after he and Congress passed the Judiciary Act of 1801, through a writ of mandamus as well as if SCOTUS has the right to judicial review which would ultimately result in determining whether or not something, such as a law, is or is not constitutional. The court found that it was unconstitutional for Madison to refuse the commission and referred to the Judiciary Act of 1789 which improperly enlarged the jurisdiction of SCOTUS. John Marshall during this case restated that SCOTUS’ decision is the supreme law of the land.

  87. I knew and always enjoyed the irony behind the case, in that Chief Justice Marshall was also serving as Secretary of State at the time and was responsible for the delivery of the commission. I did not know that Congress was upset about the decision and canceled the 1802 term as a result.

    I think Marshall’s decision was interesting but was also necessary. Judicial review now serves as the check by the Judiciary on both the Executive and Congress, whereas previously, there were only checks onto the Judiciary by the other branches. I think it’s interesting that he managed to rule in such a way that went against both the Federalists and his interest (to give Marbury the commission), but also the Democratic-Republicans, by introducing judicial review. I really admire it though. He created the power of judicial review and was able to make the point that the Judiciary while he was Chief Justice would be independent and operate with alligenace only to the law.

  88. At the very end of his presidency, President Adams created new judge positions to fill them with Federalists since President Jefferson would be ushering in an anti-Federalist party. One of the judges that Adams appointed was Marbury. For Marbury to take his position, he needed to receive the commission that Adams issued to give him the job. However, James Madison, who was responsible for delivering it to Marbury, did not follow through in doing so for Marbury and the other justices of the peace. In response, Marbury, along with the others, filed a suit asking for the SCOTUS to issue a writ of mandamus which would make Madison send the commissions. This case was important because it helped establish the power of judicial review in which the Supreme Court was able to overturn decisions of Congress if they were deemed unconstitutional.

    Legal Questions:
    1. Does the SCOTUS have the authority under original jurisdiction to issue a writ of mandamus?
    2. Does Marbury have the right to receive these commissions?
    3. If it was concluded that Marbury had the right to the commission, would the law be required to offer a remedy?

    Holding:
    1. No. The SCOTUS does not have authority under original jurisdiction to issue the requested writ of mandamus. The only way that the court would issue this under original jurisdiction would be if this were a case brought through an appeal (appellate).
    2. In the opinion of John Marshall, Yes, he had the right since he was appointed by the president at the time and confirmed by the senate. Even though the president was almost out of office, he still signed the commission and it was confirmed by the senate, which are all the requirements necessary.
    3. Yes. The law would be required to offer a remedy to Marbury. It is the duty of the law to give a remedy when a person has not been given their legal right.

  89. In the case of Marbury vs Madison, it shows that Marbury did have a right to his commission, however, that was not in the Supreme Courts’ powers to make Madison hand over his commission. Marshall reiterated “The constitution is the supreme law of the land”. This established Judicial Review which makes the SC rely on the constitution for the most reliable answer.

  90. When reviewing this case, it makes me think about how fortunate we are that John Marshall came to this decision. Imagine the precedent that would have been set if judicial review was not created in this case. If the Supreme Court could mandate that something happens instead of solely determining the constitutionality of laws, our country would be in a very different place. This is an important and powerful case in United States history and it was good to be able to get a refresher on all of the facts on how this monumental decision was created.

  91. Justice Marshall posed three questions during his ruling over Marbury v. Madison, which was if there was legal wrongdoing against Marbury, whether there is a remedy for the wrongdoings, and does the Supreme Court have the capabilities to deal with this. Justice Marshall’s decision about the Judiciary Act of 1789 and the writ of mandamus being an expansion of original jurisdiction is not able to exist since it opposed Article 3 section II, setting the precedent for judicial review. Marshall’s additional points are essential to the future of the Supreme Court because it allows a system of more equal balance between the branches of government. Judicial review allows the Supreme Court to uphold or strike down a law using the Constitution and potentially interpreting the language it uses. The ruling of Marbury v. Madison expands and justifies the powers of the Supreme Court to also make sure that the laws that are passed are constitutional. Marbury v. Madison was monumental in the history of the American Supreme Court.

  92. This is always an interesting case to me as the Court was able to give itself something out of nothing almost. Had John Marshall not ruled on this case the way that he had, it would have changed American history in a way where the court would not hold as much power as it currently does which would be interesting to see.

  93. Marbury V. Madison was an important case that helped shape American constitutional law. For example, SCOTUS decisions that are seen in this type of law are possible because Marbury V. Madison set precedent. The case introduced the process of Judicial review, which allows The Supreme Court to review legislation passed by Congress and determine its constitutionality. Judicial review is still used in present day law, especially when it comes to big important decisions.

  94. Marbury Vs. Madison was a court case that changed the country and the power of the Supreme Court. Marbury was one of 4 justices that was expected to receive a commission that would allow him to hold office in the District of Columbia. Once there was a transfer in presidential power though these commissions seemed to have gotten “lost” and Marbury and the 4 other justices took their case to the Supreme Court to get these commissions. Although the Supreme Court did decide that the case was out of their jurisdiction it was a landmark case due the fact the Supreme Court decided that their inability to try this case was unconstitutional thus making the Supreme Court the highest law in the country and the ultimate word as to what is/is not constitutional.

  95. Marbury v. Madison started out with a conflict in the presidential election. Adams appointed many midnight judges who were approved by the senate, however some commissions were left undelivered as the Jefferson administration came in. Jefferson did not allow for these commissions to be delivered. Marbury was one of the people who was supposed to receive the commission and requested a writ of mandamus. Three questions and answers were outlined in this case. (1) What Jefferson did was illegal by not executing the law. (2) Since Jefferson broke the law Marbury could sue as he did not receive commission. The last point was out of left field (3) a mandamus could not be allowed as it is an extension of the judiciary act of 1789 that expanded the original jurisdiction of the court. Chief Justice Madison says that Section 13 on this act is unconstitutional as it conflicts with Article III section II of the constitution. From then on a precedent was set creating judicial review which allows the SC to decide if laws are constitutional by interpretation.

    I find it a bit funny that this turned into judicial review when all Marbury wanted was to be a judge as he was promised.

  96. Marbury v. Madison is one of the most important cases in US history. Without its hearing, the executive branch would have set a precedent for years to come; that its power is superior to all other branches in the US, including the judicial branch. Chief Justice Marshall not only set a huge precedent for US history, but it defined the constitution as something to be interpreted by the Supreme Court. This hearing expanded the duties of the Supreme Court that allowed its reviews to be superior to all other courts as well as the federal government. This enacted the limited powers of government defined by the Constitution, and without this specific case, the law and its intentions could easily be dwindled.

  97. Main points in Marbury v Madison:
    Because Thomas Jefferson did not want federalists in the Supreme Court, he did not deliver the “Midnight Appointments” that did not go through.
    This led Marbury to ask for a Writ of Mandamus from SCOTUS so that his commission would be accepted.
    Because Jefferson was in dereliction of duty by withholding commissions, this violated Marbury’s rights.
    John Marshall, not wanting to cause partisan issues, established that the courts have a limited jurisdiction.
    Because the government has to protect civil liberties and the court has to take action when people have their civil rights violated, this led congress to suspend the duties of SCOTUS for a whole year.
    The responsibility of the Judicial Branch is to say what law is and to rule based on interpretation of the Constitution
    Article VI, paragraph 2 established the Supremacy Clause because the constitution was mentioned before ‘laws’
    Every Judge has to take an oath to uphold the Constitution

  98. Marbury v Madison very important in the history of the United States, it opened the door to the Judicial review and give power to the Supreme Court to avoid laws that violate the Constitution.Very important to mention is that ignoring the Supreme Court can make it an inferior branch of Federal government. Marbury was trying to mantain his position as a judge, while Madison was undecided about what decision to take in order to favor a political party or not. It is also important to mention how Adams was trying to keep judges selecting them before finishing his term. It was with political intention.

  99. Arguably the most important Supreme Court case, Marbury v. Madison established judicial review giving the SCOTUS the power to strike down laws viewed as a violation to the Constitution. What I learned from this case is that our political leaders haven’t really changed. They had and still make decisions that affects us as citizen due to disliking of an opponent. A lot of important cases are brought about because of petty disagreement. Marbury v. Madison allows for the court to obtained more power and ultimately giving them a more important role, which is why the SCOTUS is the highest court in our country.

    John Marshall should have never played both role of the chief justice and the secretary of the states in the first place because that would never happened today. By him being both of those roles, he faced great deal of conflicts as the chief justice because he was the one that didn’t get to finish delivering the commission to the last four people when he served as Adams’ secretary of states.

    John Marshall was also extremely under qualified as a chief justice (granted the job was not that important as it is today) as he had no judicial experiences but because of Marshall’s decision on the Marbury v. Madison, he made the SCOTUS a bigger deal.

    The three main issues brought up in the court was
    1. did Marbury and the other four appointees have a right to their commission? the decision was yes, because Adams followed all the procedures to appoint them justices of the peace.
    2. if they have a right that have been violated, did federal law provide a remedy? yes, if their right was violated, it should be made right by the federal law and the official personals.
    3. Was an order from the U.S Supreme Court the right remedy to solve the problem? however the court made the decision to say no to this issue.

  100. Learning about the writ of mandamus, today (for me), seems like a given for the Supreme Court to be able to exercise within their right as the highest voice in the judicial realm. However, when reading the facts on this case, the background and the case details within itself, it opens up a whole other issue not only on the constitutionality of SCOTUS being able to issue a mandamus, but also, SCOTUS being able to use this implied power of judicial review. Even though the Court Justices play a key function in un-obscuring the language of Congressional Acts, and deeming them constitutional or not, it almost clashes with the origin of where this all came about (from Marbury v. Madison). The main argument and takeaway is on whether judicial review should be accepted as a (significant) power of the Supreme Court, and, overall, whether or not it is constitutional. The key word that I found in my understanding of judicial review is that it is an implied power. I find that it’s a little bit unfair how, in other elected positions of the other two branches of government, there are very explicitly stated powers and responsibilities, and yet, are held to a higher degree of scrutiny when committing anything normatively “bad” outside of what is listed out for them. Yet, the Supreme Court Justices, who are NOT even elected, but based on appointments (biases) by the president, are practically untouchable until they DIE, and are given the highest judicial voice that quite literally affects state of affairs/political climate, legislation, and public opinion from the most basic issues to the most important human rights of people. While it might be too early in the course for me to make a definitive answer as to whether I think it should be an accepted power of the Supreme Court to exercise judicial review, I can say for certain that it is a power too heavily granted for the non-democratically elected judges (and I’m pretty sure the U.S. harps itself on being the most “democratic” country in the world).

  101. The story and case of Marbury v. Madison is that a monumental moment in U.S history which changed and strengthened the significance of the SCOTUS. Justice Marshall took a mistake he made and used this otherwise insignificant case as an opportunity to set forth precedence of the power and jurisdiction of the Supreme Court in the country. Although on face this decision appeared to be about defending the word of the constitution from other branches of power- the decision came after a back and forth fight for power from political parties. The presidents at the time were fighting to establish more figureheads of power of the political party of their choosing- resulting in Justice Marshall establishing that the Supreme Court Justices could put a limit and monitor decisions of the executive and legislative branch as well as state decisions with the backing of the U.S constitution.

  102. Marbury v. Madison was a very important case for several reasons. The most important reason is that it established the process of judicial review. Although the Court sided with Marbury by saying that he was entitled to receive his commission and that the correct remedy was to settle this in court through a writ of mandamus, the Court decided that, according to the Constitution, they did not have original jurisdiction over cases of mandamus. Therefore, the part of the Judiciary Act of 1789 that expanded the Court’s jurisdiction over cases of mandamus was unconstitutional. This marked the first time that the Supreme Court ruled a law unconstitutional, thereby giving the Court the power to strike down or uphold any law as either violating the constitution or not. It also solidified the Constitution as the supreme law of the land. Chief Justice Marshall said that the Constitution was superior to any other law and that if this were not the case, it would be useless to have a constitution. Therefore, he argued, it was imperative that the Court protect the constitution by striking down laws that violated it.

  103. I believe that Marbury v. Madison, is a case that was ultimately in the making since the inception of the current constitution. While the Constitution didn’t explicitly mention the power of the courts to be able to override Congressional acts, it did give power over all cases involving the Constitution. All it would take would be simply to say that the court’s goal to support the constitution meant that it would have to strike down a congressional law, something that Marbury v. Madison ultimately gave the court. It presented a case where a law had overextended the court’s own powers and used that to declare that they had the ability to declare laws null and void ultimately.

  104. Early in our country’s government and legislative history, what started as (very recognizable) two-party wrangling ended in establishing one of the bedrock principles of US law. During a contentious handover which fully gave power to what had previously been the opposition, the outgoing president attempted to pack the courts with judges who shared his leanings. Jefferson, who succeeded him, was understandably offended by this undermining tactic. His response wasn’t very statesmanlike. He just ignored several appointments, ordering the secretary of state not to deliver the documents where his predecessor appointed these judges. In what must have been unforeseen consequences, this ended in establishing the precedent of judicial review. The supreme court, after being sidelined for a year, ruled that an extra-judicial mandate (or writ of mandamus) had been used, which was blatantly unconstitutional. Jefferson was concerned with the equality of the three branches, which is enshrined in the constitution. The court, in ruling on the unconstitutionality of the mandate, established itself as the final arbiter on constitutionality. Being the judicial branch, this seems reasonable today, but in the beginning of our government, fundamental processes were still being decided. This ruling set a legal precedent that has long since gone unquestioned, where the Supreme Court is the final interpreter of the constitution, and neither the executive branch or congress, which are by nature often changed dramatically in an election, can interpret it themselves according to whatever viewpoint the current majority holds.

  105. The 1803 case where President John Marshall and his associates first demanded the right of the Supreme Court to define the meaning of the United States Constitution. This injunction established judicial power over acts of Congress, which was the Judiciary Act of 1789. They asked 3 questions: which were if Marbury was entitled to a commission? Second, if he did so and his law was violated, did the law afford him a remedy? 3. If so, would a Supreme Court mandamus be an appropriate remedy? The decisions were yes, yes, no. After the president signs the commission and seals it, the right to this office should be respected. Not receiving the commission violated Marbury’s rights and the law offers him a remedy. It was a turning point. the case that he established the judiciary of the supreme court, i.e. the ability to declare a statute constitutional or unconstitutional.

  106. The case of Marbury v. Madison established judicial review. John Marshall did this by ruling that the Judiciary Act of 1789 was unconstitutional because the Constitution did not give the Court the right to hear mandamus cases under its original jurisdiction and Congress did not have the power to change the Court’s original jurisdiction. In doing this, Marshall actually greatly increased the power of the Court because it gave the Court the ability to determine the constitutionality of legislative actions. Judicial review and the case of Marbury v. Madison underscore the idea that the Constitution is the supreme law of the land. This case helped to equalize the Supreme Court with the other branches of government.

    • The case of Marbury v Madison established judicial review which, now, is something very foundational to our system of government. This decision greatly increased the powers of the courts because they could now determine the constitutionality of different laws/ legislative actions. The Supreme Court could now declare an act of Congress (meaning law), or the President, constitutional or unconstitutional, which greatly equalized the branches of government in terms of amount of power.

  107. The landmark case Marbury vs Madison resulted in the establishment of judicial review, which gives the Judicial branch the right to declare actions of the Executive and Legislative braches unconstitutional, and therefore, gives it the power to overturn those acts. President Adams appointed Marbury as the peace for the District of Columbia as he was leaving office and was approved by congress. However, the commission was not delivered and Marbury petitioned SCOTUS to compel new Secretary of State James Madison to deliver them. The court ruled that the consitution is the law of the land and it is their job to determine whether or not a congressional act/executive act is consitutional.

  108. Although the Court’s ruling in Marbury v. Madison seems to diminish the power of the Court at first glance, Marshall’s formal recognition of Judicial Review expanded the Court’s power substantially. Because the Court can strike down or uphold laws through their power of Judicial Review, they have the potential to wield significant power over Congress and the President, and policymaking in general.

  109. Marbury v Madison is an important milestone when it comes to the Supreme Court. This case shows that the court truly has power against the other two branches of the government. Through the process of Judicial Review the courts can verify the constitutionality of many actions. I believe this was done to ensure the power of the judicial branch was kept co-equal if not more powerful than the executive branch.

  110. Marbury v. Madison is a case that really established the main role of the Judicial Branch, of justices, and established how much Congress may influence the Court’s jurisdiction. Besides the history behind this case and the fact that John Marhsall was for a time both a secretary of state and chief justice of SCOTUS, it’s interesting to examine John Marshall’s opinion surrounding the constitutionality surrounding Marbury. This case wasn’t really about Marbury, but establishing that the Constitution itself with all its amendments is supreme and the law of the land. In other words, it’s interesting to read how Marshall establishes the Supremacy clause (that no laws that come in conflict with the constitution can trump it) and uses it to interpret the Judiciary Act of 1789, section 13, as unconstitutional since Congress attempted to create a law that would expand SCOTUS’s original jurisdiction.

    Overall, this case really does establish the duty of SCOTUS, rejects Congress from expanding SCOTUS’s original jurisdiction, and most importantly establishes judicial review. Marshall essentially terming a statute within the Judiciary Act as unconstitutional was the first time the court has ever interpreted a law or statute as unconstitutional–thus establishing the enormous power of judicial review.

    Important Points:

    * Marbury is requesting a writ of Mandamus–> SCOTUS to force Madison to accept/deliver Marbury’s commission.
    *Marbury did have his rights violated and is entitled to his Commission
    * Marshall established that the courts have limited jurisdiction
    * The role of the president as laid out in the constitution, and how the actions of his executive officers represent his action.
    * 3 Questions related to the case that must be answered (pg. 1)
    -1. Has the applicant a right to the commission he demands?
    -2. If he has a right, and that right has been violated, do the laws of his country afford him a remedy?
    -3. If they do afford him a remedy, is it a mandamus issuing from this court?
    *Appointment is not the same as Commissioning. A commission is more like evidence that an appointment has been made.
    *Court cannot deny appointment since the appointment/ commission has legislative backing to it
    *Who President is at the state does not determine the state of commission, but the signature of the president and the Senate confirmation does
    * Delivering a commission is not required
    * Withholding commission= violing legal rights
    *Government is obligated to protect civil liberties and the court is obligated to protect individuals who have had their civil liberties violated/ who have been injured.
    * Court cannot control executive discretion
    *The Valdility of rights and laws are determined by Judicial Authority
    *province of the court to decide on individual rights, and not inquire how executive officers preform their duties
    * Court cannot tell Madison what to do or how to do his job, but that his role has requirements as set by law and the president.
    * Article III S2, does not permit Congress to expand SCOTU’s original jurisdiction through law alone. To do this, Congress would have to create a new amendment or alter an already existing amendment within the Constitution.
    * Congress can only expand/determine the Courts Appellate Jurisdiction
    * Constitution= inadmissible, Supreme law, no other laws may trump it.
    *SCOTUS may only issue a writ of mandamus through appellate jurisdiction, and not through original jurisdiction.
    *Constitution created a limited government
    *Judicial power extends to all cases arising under the constitution and between laws that may be conflicting.
    *Province/Duty of Judicial Branch is to say what law is and to judge based on interpretation of the Constitution
    * Article III, S2 established the Supremacy Clause.
    *Every Judge is to take an oath to uphold Constitution

  111. @Professor Lyles, I am taking your 359 class and already commented on this topic on the 359 page, so please forgive if this sounds repetitive.

    Marbury v. Madison started off as a dispute between President John Adams, running for reelection, and his contender Thomas Jefferson. Jefferson beat Adams, and before Jefferson took the office, Adams made sure to appoint multiple judges and justices to stir the pot. One of the justices he appointed, William Marbury, did not receive his commission and thus petitioned for a writ of mandamus asking for the commission-to be delivered. Since his demands were legally legitimate, it was up to courts to determine is his demands and legislative acts used to support them were valid, which gave way for judicial review. This is when the Supreme Court has the power to question and determine the rationality of a legislative act.

  112. Marbury v. Madison was a case that initially started as a dispute between Thomas Jefferson and John Adams. Adams had appointed an impressive amount of circuit judges and justices. William Marbury had been in that pick, having been appointed as a justice. When he did not receive his commission, Marbury petitioned for writ of mandamus, asking that his commissions be delivered.

    Dispute aside, the overall significance in this case lies in how the court dealt with certain laws and regulations. Thus, the concept of judicial review arose, which is when the Courts are vested power to determine whether or not such laws or regulations are valid.

  113. It is astonishing to know that the reason for Marbury v Madison’s upbringing to the Supreme Court was for a minor disagreement, with an easy fix, yet turned out to be one of the most important and interesting turning points in American government history. It amazes me how much of a critical thinker John Marshall was to use this case to prove a point and establish Judicial Review, along with, later on, the Supremacy Clause. Not many justices would’ve had the courage to stand up to congress at that time and strike them down as they did in 1803, given the fact that it seems as if congress had quite a bit of power over the executive and judicial branch to get what they wanted. At the end of the day it didn’t matter if Marbury received his commission or not, but rather the pathway the Supreme Court took to declare whether or not their next step would be constitutional or not. By granting this small victory to the Jefferson administration at that time, it granted the courts an opportunity for a new placement in society.

  114. I think this case is interesting since, as you mentioned briefly in the lesson video from last summer, the court exercised not exactly but a close form of judicial review at least twice before the actual decision that we’re reviewing here. It seems a bit strange to think about in that way, since the court required a sort of primordial form of judicial review to give themselves the ability in full. Aside from the case itself, it’s interesting to see that our nation was experiencing similar issues of election contention and the filling of federal positions due to conflicts between parties at such an early age.

  115. Marbury vs. Madison is interesting because it is a case that occurred due to the Judiciary Act. The Judiciary Act was created to add more judges and provide the president with more control over who is appointed as judge. By passing the Judiciary Act, Adams was able to appoint new circuit judges and justices. In order for these new members to become official, the needed to go through commission. When the new president, Thomas Jefferson, took office, Jefferson refused to provide commission to William Marbury. The court found Madison’s refusal to be illegal because he did not want to deliver the commission and the court also found that the Judiciary Act was unconstitutional.

  116. Marbury v. Madison is one of the most important landmark Supreme Court cases in U.S. history that helped establish judicial review. This means that the Court has the power to declare acts of the legislative and executive branches constitutional or unconstitutional. In this case, John Adams had sent out appointments for federal judges at the end of his administration to pack the courts before Thomas Jefferson took power, however, William Marbury did not receive his commission. He petitioned the Supreme Court to make James Madison, the Secretary of State under President Thomas Jefferson, deliver the documents. The Court ruled that Marbury had a right to his commission, and he should be afforded a remedy, but the Court cannot issue that remedy.

  117. The significance of the case isn’t so much the case itself, but rather the opportunity and direction that the Supreme Court under Chief Justice Marshall took to declare Section 13 of the Judiciary Act of 1789 unconstitutional. Section 13 expanded upon the powers of the Supreme Court by granting it the ability to issue writs of mandamus under its original jurisdiction. Marshall did not recognize the ability of Congress to modify the powers of the Supreme Court. It was his belief that the court’s power was derived from the Constitution alone. Under the belief of the Supremacy Clause and his other points, Marshall interpreted that the Supreme Court had the ability to interpret laws passed by congress and executive orders and determine their constitutionality.

    I like that this case in particular deals with a variety of technical concepts that the class have discussed previously (jurisdiction, writs, court of last resort, judicial review, etc) and now we see them all come into play in one way or another.

  118. Marbury v Madison is a very interesting case because it starts off as a dispute between two parties that eventually determines the role of the Supreme Court in America. Marbury was appointed as justice of peace by John Adams as he was leaving office. This justice, once appointed, should have had 5 uninterrupted years in his office as justice of peace. The new administration, under Thomas Jefferson, refused to give him the commission as Justice of Peace. Marbury then took Thomas Jefferson and his administration to court.
    The Court ruled that Marbury had legal right to the commission. The reason they gave for this was that he was appointed by the President of the United States, albeit a former one, and that his appointment with his signature is “warrant for affixing the great seal to the commission”. Since the US is a country of laws over men, and since the Court cannot hold political biases or form political opinions on the matter, they had to look at the laws objectively. These laws said that Marbury was entitled to his 5 years as Justice of Peace.
    The Court then went on to establish how they have the authority to appoint Marbury as Justice of Peace. First, they outline the requirements for them to issue a writ of mandamus (where the Court orders a government official to do or undo something). It then goes on to talk about how some decisions should not be determined by the legislature but, rather, by the Constitution itself. If all decisions were undertaken by the legislature, then the Constitution would be null and void. The legislative branch would hold unlimited power; the Court did not see that as in line with the goals of the Constitution and the new US republic. They then established that they had the right to determine whether an act of any elected official is constitutional or unconstitutional– this way, no legislative branch with extreme ideas could foil the nation with laws that violate the constitution and minority rights.

  119. What started as a political strategy from the Federalist Party to maintain control of the judiciary branch, after they lost the presidency to Thomas Jefferson, culminated in perhaps the most important case for the foundation of the Supreme Court as we now know it. Due to the expeditious nature of this political strategy some of the commissions appointed for new justices were never delivered and the new administration led by Thomas Jefferson refused to acknowledge these commissions. Jefferson’s response led individuals like Marbury to search for a remedy in the Supreme Court, basing his request on Section 13 which stated that the Supreme Court had the power to issue writs of mandamus to any person holding office. This request to make James Madison deliver the missing commissions sparked the doubt in the court of whether the Supreme Court had the necessary power to demand a writ of mandamus.
    Marbury v. Madison put on the table three important questions that the Court had to resolved. (1) whether Marbury had the right to the commission, (2) if Marbury had said right, should the law provide a remedy? and (3) was a request for a writ of mandamus filed in the Supreme Court the proper remedy. As was later on discussed in the case the court found that (1) yes, Marbury deserved the right to the commission since he was already appointed, (2) of course the law was obliged to provide a remedy to Marbury and any other person legally wronged and (3) according to the constitution the court’s original jurisdiction did not include the power to demand writ of mandamus so the court did not have the authority to demand the commissions.
    The importance of this decision was on the fact that the court of the first time recognized a legal statue as unconstitutional, in this case section 13 of the judiciary act of 1789. This decision led the court to the realization that “It is the province and duty of the judicial department to say what the law is” and what it isn’t, giving birth to the power of Judicial Review.

  120. I wanted to offer an opposing view point that sort of sparked while I was writing this brief. It seems too calculated and almost mastermind like for John Marshall to purposefully deem this specific act of congress unconstitutional in order to establish this crazy amount of power over the rest of the branches of government. In fact, I think he did the opposite and protected the court from being open to any new laws by congress that expands the courts power. Granted, in doing to he established judicial review, widely deemed an even bigger power than the writ of mandamus. However if this was true, then the opinion of the Supreme Court would be the “law of the land.” Never to be questioned or challenges by anyone outside of it. Yet, it seems that Marshall did not grant such exclusive power to the Supreme Court, he was only establishing the definition of judicial review. His mention of the Constitution as what gives courts power and how the court is bound by it, seems to offer a different picture. The Supreme Court does not have exclusive or supreme power over other branches because of this. He, I believe, explains rather, the constitution has that power.

  121. Marbury vs. Madison resulted due to two opposing parties refusing to let the other hold power/influence within the supreme court. Jefferson was so adamant in not allowing any tracings of the previous presidency into his own, that he commanded Madison not to deliver Marbury’s commission though technically he deserved it. This situation as a result made its way to the supreme court where Justice Marshall deemed that although the commission was not directly handed to Marbury in a timely manner he still was rightfully owed the positioned that President Adams assigned him to, though the court could not provide him legal remedy to obtain it. More importantly, Marshall established the concept of judicial review where the supreme court had the ability to uphold or strike down something it deems constitutional or non-constitutional. This expanded the power of court ten fold and would go on to directly impact the rulings of cases for centuries to come.

  122. Marbury vs. Madison is the first Supreme Court case that declared an act of Congress unconstitutional, resulting in the establishment of judicial review. Judicial review is the process under which executive or legislative branches are subject to review by the judicial branch, aka the Supreme Court. Not only can the judiciary rule something as unconstitutional, it also has the power to completely overturn acts of Congress or the President. Written by then Chief Justice John Marshall, the court’s opinion and ruling(s) are considered one of the foundations of American constitutional law because it greatly expanded the powers of the SCOTUS.

  123. Marbury v. Madison, aside from its importance in setting the stage for the Supreme Court as it acts today, had to do with John Adams appointment of Marbury as Justice of Peace. Everything for the official position was in order, but the commission was left with the new Secretary of State (James Madison) who refused to send it. Marbury took them to the court to demand his commission, an action that led to this groundbreaking decision.

    It’s interesting to me that judicial review was established through this case. It has to do with one president attempting to throw off the next one, and due to a minor mix up, the true importance and power of the Supreme Court was realized and one of the most important Supreme Court practices of our time, judicial review, was established.

  124. Marbury vs Madison was a significant case that established judicial review and changed the role of the Supreme Court. The case outlined the legal role of each branch within the government. In so many words, the court states that the constitution allows the president to appoint people to government, however, it is a voluntary act of the executive. With that being said, Marbury was upset that he did not receive his commission and which led to him file a case against Madison. As a result, The court emphasized that the law of the land is the constitution. Therefore, they believe it was their job to determine if any case is constitutional or not.

  125. As many are familiar, the Marbury v. Madison focuses on the case in which President Adams appointed a numerous amount of new judges in order to manipulate the issues occurring with Jefferson. It has been noted that Madison was unable to provide the expected commission which led to Marbury filing a lawsuit against Madison. I believe in the film which highlights the Marbury v. Madison, it brings much focus to judicial review. In this case, the federal court is granted the ability to rule on constitutionality or by a governmental action. Many other court cases, along with the Marbury v. Madison case could relate to bringing out the judicial review and seeing the power a lawsuit could bring when rights may be “violated” by the state.

  126. At first glance I assumed that the Supreme Court had in fact reduced the scope of their power by striking down the Judiciary Act of 1789 (which served to expand their power) but oddly enough, it turned out to be the other way around. Marbury v. Madison (1803) established judicial review, consequently giving the Supreme Court the power to review any Congressional Act or Executive Action and allowing it to either strike it down as Unconstitutional or approve it as being Constitutional.

  127. Marbury v. Madison is the case that brings about judicial review. The court case resulted from when President John Adams appointed several new judges to frustrate Jefferson at that time. Toward the end of Adam’s tenure, Marbury filed a lawsuit because Madison did not provide commission. As a result of the court case, the federal court was given the power to rule on constitutionality or a law (including governmental actions). Marbury v. Madison could be considered as one of the most important court cases become of its influence in the following court cases like Griswold v. Connecticut (which is a judicial review that rules against the state ban on the use of contraceptives) and the judicial review of the Brown v. Board of Education (“separate but equal”; 14th Amendment).

  128. Marbury v. Madison established judicial review and effectively transitioned the entity into the safe guarding role it exercises today by evaluating the constitutionality of statutes, orders, and laws.

    during the final days of the Adams administration, Marbury was commissioned to the position of justice of the peace, but as the executive branch transitioned in power to the Madison administration, the commission was ordered to be halted and Marbury as a result never received his commission.

    the court asked the questions: did the Marbury have a right to his commission? And If he did, and that right had been violated, do the laws established afford him a remedy? And if so, does the court have the power to issue him the remedy?

    The court ruled yes on the first two queries, but unfortunately for Marbury found that the court did not possess the power to remedy the situation.

    Perhaps the most curious element of the case is the clear conflict of interest: Chief Justice John Marshal presided over the case despite the fact that he was the individual who affixed the seal to Marbury’s commission. Despite this the decision was revolutionary, and gave the Court a stronger pretense amongst the other two branches of government.

  129. It’s quite fascinating to think about the fact that the power of judicial review was established because the Secretary of State during John Adam’s tenure, John Marshall (that fact also adds another odd layer), forgot to deliver a few commissions. It makes me wonder: if everything had gone according to plan and William Marbury did receive his commission, how long before would the idea of judicial review come up again?

    To declare a law as unconstitutional or constitutional is a very powerful thing and thus, Marbury v. Madison is one of the most important Supreme Court cases because without it, many of the cases we will be discussing would not have happened.

  130. In a way, Marbury v Madison established the true power of the Supreme Court by forcing it to act in a way that explicitly stated what they were and were not able to do. In this case, the issue surrounded the legality of new President Madison’s refusal to grant the Judgeship commissions to the individuals that Adams had signed in before the end of his presidency. At the time, Writs of Mandamus were able to be issued by the Supreme Court to demand a federal agent perform an act according to law. John Marshall saw the danger in pandering to the drama, so he instead explained why the Court should not have the power to make the final decision in the case, and that the Writ of Mandamus actually expanded the role of The Supreme Court past what the Constitution intended. By deciding that Section 13 of the Judiciary Act of 1789 was Unconstitutional he also ruled an act of Congress Unconstitutional and established the power of Judicial Review. Through what seemed to be a limitation of the Court’s power, Marshall revealed it’s true power of Judicial review.

  131. Marbury v. Madison is what is considered to be the case that established judicial review: The power of a Court to examine legislative enactments and acts of executive officials to determine their validity with respect to a written constitution. SCOTUS can declare an act of Congress or the President as either constitutional or unconstitutional.

    Functions of Judicial Review:
    -Confers or revokes the legitimacy on legislative and executive actions
    -Perpetuates the idea of limited government and constitutional government
    -Facilitates the functions of the federal system as the “umpire” between the federal government and the states
    -Allows people (excluded from full participation) to have more of a voice in making public policy
    -The Judiciary Act of 1789 did not confer judicial review on the Court

    The SCOTUS decisions that we often study in constitutional law were made possible by this case and it acts as precedent for being able to create monumental landmark decisions.

  132. Madison v Marbury 1803
    • Chief Justice John Marshall proclaims the providence of the judiciary to determine whether particular laws, rules, and regulations conform to the constitution
    • Marshall said the constitution authorized the courts, and only the courts, to make determinations. Thus the power of judicial review has become entrenched in our constitutional and legal fabric
    • Judicial Review gives the courts an important and crucial role in determination of public policies
    • Judicial Review is the ability of the supreme court to decide the constitutionality of the law
    • After the Election of Thomas Jefferson to the presidency and losing congress by the federalist John Adams tries to keep power by appointing more judges and creating 6 more circuit courts (Judiciary Act of 1801 ). The organic Act of 1801 authorized Adams to appoint 42 peace justices for DC
    • John Adams appoints John Marshall his secretary of state as chief justice to the supreme court
    • He also appoints William Marbury as a justice of the peace.
    • Adams is literally confirming judges left and right and signing commissions till the waning hours of his presidency (inauguration day) in the end there are 25 commissions that where not delivered one of the commissions was William Marbury
    • When Jefferson takes power he notices the commissions on his desk and ask his secretary of state James Madison throws them out
    • Given this William Marbury petitions the Supreme Court for a writ of mandamus to get an explanation
    • The judiciary act of 1789, section 13 gave the supreme court original jurisdiction in mandamus cases against federal officials
    • The questions asked by the supreme court
    • Can the Supreme court Uphold an act of congress if it is inconsistent with the constitution
    • Did Marbury have the right to petition the Supreme Court
    • Do the laws make it legal for Marbury Writ to be considered
    • Can the supreme court issue this writ
    • Supreme court could not grant a writ of mandamus because of the Judiciary (which allowed such a writ) was unconstitutional.
    • Given this the Supreme court has the power to check the constitutionality of any law and thus this case established the Supreme Courts major ace up its sleeve the power of Judicial review.
    • The constitution is highest law in the American legal order
    • Marbury was denied commission
    • The opinion written for this case was written by John Marshall
    • It was a unanimous decision and a major victory for the court
    • It established judicial review and gave the court the same power as the other two branches of government the legislative and the executive branch

  133. The case of Marbury V. Madison is what laid the foundation of the Supreme Court and gave them the significant power they hold as of today. It all started in 1803 when now Former President James Adams appointed William Marbury as justice of the peace for the District of Columbia, congress approved of him and signed by the president but the acting secretary of state John Marshall under President John Adams never delivered the commission to Marbury and it was too late because President Thomas Jefferson has took the office and his secretary of state James Madison refused to send the commission to Marbury which led Marbury to issue the court a writ of mandamus to Madison to deliver the commission to Marbury.

    Some key points I will mentioned
    Before leaving office John Adams made John Marshall chief justice of the supreme court which gave power to the federalist party in the judicial branch.
    Thomas Jefferson told his secretary of state to not deliver the remaining commission and VOID them which included William Marbury.
    Marbury took Madison to court which made John Marshall the judge of the hearing.
    After the hearings the court decided with Marbury that he has the right to be delivered the commision of justice of the peace but Marbury never became a judge. The reason is because section 13 of 1789 was invalid in this situation and couldn’t give the writ of mandamus to Marbury.
    Madison V. Marbury did however change the judicial branch by forming the judicial review which means if any body of government is acting or changing a law that might interfere with the US constitution, the supreme court can review the law and strike it down if it is unconstitutional.

    In the end William Marbury never became part of justice of the peace even with a federalist controlled supreme court, it gave the judicial branch more power and can strike down any law that is deemed against the constitution.

  134. Marbury v. Madison
    5 U.S. 137 (Cranch 1803)

    Facts: During the last day of his term, President John Adams appointed William Marbury as a justice of peace. However, with Marbury being an ally to the now former President Adams, the current President at the time, Thomas Jefferson, orders his secretary of state James Madison to withhold the commission to this office from William Marbury. Marbury argues against this withholding and petitions the supreme court for a writ of mandamus.

    Questions:

    Does the applicant have a right to the commission he demands?
    If he has a right, and that right has been violated, do the laws of his country afford him a remedy?
    If they do afford him a remedy, is it a mandamus issued from this court?

    Decisions: (1) Yes, (2), Yes, (No)

    Reasoning:

    Once a commission has been signed by the president, and the seal has been affixed, the right to that office should be respected.
    By not receiving his commissions, Marbury’s rights were being violated and the laws do offer him a remedy.
    John Marshall ruled that the provision of the Judiciary Act of 1789 that granted the supreme court the power to issue a writ of mandamus was unconstitutional.

    Although the first two components were in Marbury’s favor, ultimately the supreme court could not issue a writ of mandamus because it was in contradiction to the constitution. This was a landmark case in that it established the supreme court’s power of judicial review, which is the ability to determine the constitutionality, or unconstitutionality of a law.

  135. The case of Marbury v. Madison left behind a powerful legacy, one that greatly impacts us today. The decision vastly expanded the power of the Supreme Court by establishing its right to overturn acts of Congress, a power not explicitly granted by the Constitution. This is formerly known as “judicial review”. Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution. It was only after Marbury v. Madison, that the Court became the final authority on what the Constitution means.

  136. The case of Marbury versus Madison is definitely an interesting, insightful, and very influential in American history. It gave power and a name to judicial review which is one of the most important idea in American history and of the Supreme Court institution. The precedent that this case created with judicial review has influenced the events of future United States of America is one of, possibly, the most important case in American history.

  137. This was honest weird and funny to look back at. The fact that Adams just started appointing new judges as a way of making the next persons time harder seems a bit immature. Madison gets put in-between a rock and a hard place because he’s to deliver the judicial commissions but Jefferson stops him. It made it that now he either chooses between doing his actual job or listening to the new president. This entire case did have a positive outcome with judicial review. Giving the Supreme Court the ability to interpret the constitution.

  138. The issue before the Court extended beyond whether or not Marbury deserved his commission. Marshall’s view was that Section 13 of the Judiciary Act of 1789 was unconstitutional on the grounds that since the original jurisdiction given to the Supreme Court by the Constitution was exclusive, Congress could not enlarge it.

    Marshall’s five points:
    1) The Constitution established a government of limited powers.
    2) The Constitution is the Supreme Law of the Land — it is superior to legislative enactments — otherwise the Constitution would be useless/futile.
    3) The Court cannot close its eyes to an unconstitutional act. “It is emphatically…”
    4) Judges take an oath to uphold the Constitution. It would be immoral for them to give effect to an unconstitutional act.
    5) Because Article VI, Paragraph 2 mentions the Constitution first before it mentions laws, and not the other way around, the framers of the Constitution must have intended that the basic document be held superior to laws, i.e. the Supremacy Clause.

    Marbury v. Madison

  139. Outgoing President, John Adams, appoints William Marbury to Justice of the Peace for the District of Columbia. Congress approves appointment and commission was signed by Adams. Acting Secretary of State failed to deliver commission to Marbury. The new secretary of state, James Madison, under new President Thomas Jefferson has refused to deliver commission to Marbury. Marbury is petitioned the Court to issue a writ of mandamus to Madison to deliver the commission to Marbury.

    1. Does Marbury have the right to the commission? – YES
    2. Can the law provide him with a remedy? – YES
    3. Was Marbury’s request for a writ of mandamus the proper remedy? -NO
    4. Holding: Section 13 of the Judiciary Act of 1789 is unconstitutional

    By ruling in this way, the Court gave way for Judicial Review, allowing the Court to uphold or strike down actions made by congress as constitution or unconstitutional. The decision increased the power of the Court significantly. This is probably the most important case for the Supreme Court

    I think Justice Marshall, along with the other supporting judges, ruled absolutely brilliantly in this particular case. At first his opinion seemed as though he diminished the Court’s power or even that his ruling was inconsequential. However, time has proven otherwise. As judicial review is now seen as the the most important duty of the judiciary branch.

  140. Alexis RobertsOct 1, 2020
    In Marbury v Madison, the Supreme Court announced for the first time that a court may declare an act of Congress void if it is inconsistent with the constitution. Ever since the decision of Marbury v Madison, the Supreme Court has been the final decision maker of of the constitutionality of congressional legislation.
    Reply
    Kevin Lyles
    Kevin LylesSep 13, 2020
    Clarification, Chief Justice John Marshal in Marbury v. Madison confirmed the power of judicial review over the other branches of government. Not only Congress (laws/statutes) but also presidents (executive actions) are subject to being checked by the courts.
    Reply
    Maleeha Rasheed
    Maleeha RasheedSep 11, 2020
    Marbury v Madison as well as its outcome for checks and balances is a concept that is well understood in high school civics classes. Before reading the case and learning about its history and context, I had no idea that it stemmed from a political disagreement.
    Reply
    Abigail Zurita-Calvario
    Abigail Zurita-CalvarioSep 11, 2020
    Can one say that Marbury v Madison is the most important case in the history of the Supreme Court of the United States? It can be argued that it is the most important case as it determined which branch of government has the power to decide whether a law is constitutional or not, judicial review.
    Reply
    Sebastian Lech
    Sebastian LechSep 11, 2020
    Marbury v Madison of 1803 is the first case that used Supreme Court judicial review to establish an act of congress as unconstitutional. Though President Jefferson and Secretary of State Madison won the case versus Marbury, the court established the Judiciary act of 1789 as unconstitutional. It was unconstitutional because the act gave original jurisdiction to the court in cases that involved writ of mandamus. The constitution did not state that writ of mandamus was under original jurisdiction for the Supreme Court.
    Reply
    Paola Perez Paredes
    Paola Perez ParedesSep 11, 2020
    These in dept review videos of Marbury V Madison reminds us how significant this case was for not only the future of the Supreme Court. With the ruling the Supreme Court now had the power of judicial review, which made their work even more valuable then it was before. Having the Supreme Court decide which legislation are constitutional gives them the ultimate power of order.
    Reply
    Haneen Abdelhafez
    Haneen AbdelhafezSep 10, 2020
    Marbury V Madison established the Supreme Court’s judiciary review, and still leaves an enduring legacy over 2 centuries later. The Court exercised
    the system of checks and balances by assuming the authority to declare acts of Congress, and by implication, acts of the President, unconstitutional. After Marbury v. Madison, the Court became the final authority on what the Constitution means.
    Reply
    Nizar Quafisheh
    Nizar QuafishehSep 9, 2020
    So obviously as the rest of my peers are saying, Marbury V. Madison was significant because the Supreme Court expanded its power to be able to partake in judicial review, thus being able to declare the constitutionality of legislation (DO NOT ONLY SAY IT WAS ABLE TO DETERMINE LEGISLATION AS UNCONSTITUTIONAL). The reason for this precedent being set was because the court interpreted that the Judiciary act of 1789 was unconstitutional.
    Reply
    Martha Madera
    Martha MaderaSep 9, 2020
    Marbury V Madison 1810 is extremely important because it establishes the Supreme Court’s judiciary review. It had already used this power in the past such as in Hylton vs US 1798 but it only used half of its judiciary review, which was to uphold decisions as legal. In Marbury v Madison it used the other part of judiciary review to declare an act as unconstitutional. This cemented the Supreme Court’s judiciary review. This case is also important in that it establishes that no acts passed by Congress could change the court’s original jurisdiction, which would protect the courts later on. Furthermore, it establishes that the Constitution is the highest document and allows the courts to make decisions separate from the other branches of government. Lastly, I think it is important to note that although declaring section 13 of the Judiciary act of 1798 unconstitutional meant that the Supreme Court could not issue a writ of mandamus, it established the much more impressive power of determining what la aw is.
    Reply
    Kevin Lyles
    Kevin Lyles
    “Marbury V Madison 1810” you mean 1803
    Sep 10, 2020•Edit•Delete
    Kevin Lyles
    Levi Harrison
    Levi HarrisonSep 9, 2020
    Interestingly, the courts exercised Judicial Review in 1796 before it was officially established. It makes me wonder who is responsible for checking or correcting the Supreme Court whenever they do something like this.
    Reply
    Kevin Lyles
    Kevin Lyles
    This is a great question. Ways to overcome a S.C. opinion are (1) re-write the statute in the instance of statutory interpretation; (2) amend the Constitution; or (3) via the appointment process; i.e., new Justices….
    Sep 10, 2020•Edit•Delete
    Levi Harrison
    Levi Harrison
    OK, thanks, Professor. Who are the ones that re-write the statute in the instance of statutory interpretation? How and who amends the Constitution?
    Sep 10, 2020•Delete
    Kevin Lyles
    Heaven Rice
    Heaven RiceSep 9, 2020
    Marburg v Madison is known to be the single most important case in the United States constitutional law due to the decision of making the constitution law and gives the court the power to decide whether acts are unconstitutional or not. Moreover, this case established the necessary judicial review which limits the power of the executive and legislative branches by being subject to the judiciary.
    Reply
    Jyah Vora
    Jyah VoraSep 9, 2020
    It was through the case of Marbury v. Madison in 1803 that the United States Supreme Court expanded their powers significantly by creating judicial review. The U.S.S.C. declared that it has the power to declare legislation unconstitutional or to declare legislation as constitutional.
    Reply
    Gustavo Alvarado
    Gustavo AlvaradoSep 9, 2020
    Marbury V Madison is one the most important cases the U.S Supreme Court has taken. William Marbury wanted to receive his commission, a formal document to have him work as a judge, but president Thomas Jefferson slowed down this process. Thus, Marbury requested a court order for his commission to be processed. Then Supreme Court judge John Marshall took the case and established significant legal precedence. Essentially this ruling stated that the Supreme Court will solely rely on the Constitution for judicial review. The Supreme Court will be independent of congress and the executive branch. This is very important because the Supreme Court will only turn to the constitution when reviewing a case, thus reducing bias and favoritism to congress or the executive branch.
    Reply
    Fidel Mora
    Fidel MoraSep 9, 2020
    This gave power to the supreme court to determine whether a law passed by congress was/is constitutional. Before this it was clear that laws conflicting with the constitution were not valid but the one in charge of declaring validity had not been established. This gave more power to the Supreme Court, Judicial Review.
    Reply
    Kirsten Bermudez
    Kirsten BermudezSep 9, 2020
    The most final decision of Marbury V Madison ruled that it is within judiciary power to overrule Congressional acts because judiciary powers have the right to take into account Constitutional meaning. Because of this decision, if SCOTUS finds that the Constitution is violated through any government ruling, SCOTUS can overrule government ruling and executive ruling as well. We as the American people should be grateful for the outcome of this momental case, because now courts have the power to stop Constitution-violating action done by the government.
    Reply
    Juan Capilla
    Juan CapillaSep 9, 2020
    In the case of Marbury V Madison, the U.S Supreme Court was tasked with deciding whether or not they had the power to direct the U.S Secretary of State John Madison, via a Writ of Mandamus, to deliver to Marbury commissions signed and sealed by the previous President, John Adams, before he had left office. The Supreme Court ultimately decided that the legislature which allowed them to hear the case, “Section 13 of the Judiciary Act of 1789”, was in direct violation of the provisions of original jurisdiction given to the Supreme Court through the U.S Constitution. Thus, “Section 13 of the Judiciary Act of 1789” is unconstitutional and should be considered null and void. By declaring the unconstitutionality of this piece of legislature, the Supreme court established precedence for its right to decide what the Constitution does or does not mean. In doing so, the Supreme Court establishes the concept of Judicial Review.
    Reply
    Jaime Reyes
    Jaime ReyesSep 9, 2020
    The importance of Marbury v Madison was to solidify the judicial branch as a important part of the federal government to challenge an over step of power from the other two branches of the government. In other words it created Judical Review. This case made the Constitution a powerful tool to handle the possibly of a tyrannical government being created and stopped thru the power of the Supreme Court.
    Reply
    Sean Nicholas
    Sean NicholasSep 9, 2020
    Marbury v Madison is a very important case which brought on the important power of judicial review for the court. Despite this being established quite some time ago, it still gets used today and has contributed to many important or controversial cases. With the court being able to interpret landmark cases, this has given them the ability to shape critical outcomes that can effect the country or important laws/decisions.
    Reply
    Drew Fowler
    Drew FowlerSep 9, 2020
    The most important outcome of Marbury v Madison is Chief Justice Marshall’s assertion of the power of judicial review, without this power the Supreme Court would be stripped of the ability rule on many of the cases that it has ruled on in the past and that it will rule on in the future.
    Reply
    Brittany Tamayo
    Brittany TamayoSep 9, 2020
    Marbury v Madison is a significant Supreme Court Court case that established the power of judicial review,.
    Reply
    Nick Jones
    Nick JonesSep 9, 2020
    Marbury v Madison is the most important case to be heard by The Supreme Court. Justice Marshall with his objection to the writ of mandamus from the Judiciary act of 1789, he reasons is unconstitutional. With this, Marshall established the precedent of Judicial Review. The Supreme Court interprets because of this case.
    Reply
    Justin Labonte
    Justin LabonteSep 9, 2020
    Marbury v. Madison and its long term effects are something we see every year, when federal courts strike down some law or executive action as unconstitutional. The power of judicial review is so powerful that really the only way to truly check it would be to amend the Constitution, something easier said than done. This process is highly undemocratic; at the Supreme Court level, five of nine justices appointed by the president can uphold a law as constitutional, regardless of how unpopular it may be. However, it is certainly a double edged sword. Judicial review has been used to look out for the interests of minorities. Recent examples include protection of DACA, or the 2015 decision that ruled bans on same sex marriage as unconstitutional.
    Reply
    Jorge Agustin
    Jorge AgustinSep 9, 2020
    This case established the importance and supremacy of the constitution. This case helped establish the role of the Supreme Court as it was now used to declare acts from presidents and congress constitutional or unconstitutional.
    Reply
    Anshu Nidamanuri
    Anshu NidamanuriSep 9, 2020
    Marbury v Madison is an important milestone when it comes to the Supreme Court. This case shows that the court truly has power against the other two branches of the government. Through the process of Judicial Review the courts can verify the constitutionality of many actions.
    Reply
    Marian Udoetuk
    Marian UdoetukSep 9, 2020
    This case is important for a number of reasons. It sets the precedent for judicial review and names determining constitutionality as the Supreme Court’s duty. It also gave the Supreme Court “power” in terms of checks and balances.
    Reply
    Haley Fritts
    Haley FrittsSep 9, 2020
    The case of Marbury v. Madison allowed for the exact system we have carried out today, making it one of the most influential; setting a precedent such as judicial review allowed for any law to be looked at no matter how long it has been in place. This type of power allowed for someone at any status to be questioned and expanded the idea that nobody is above the law.
    Reply
    Matt Springer
    Matt SpringerSep 9, 2020
    This is literally one of the most important SC cases ever! The establishment of judicial review helps to soundly give the Court real power and balance against the other two branches. It proves as a foundation that will come up time and time again in future cases. It also shows how petty politics was back in the 1800’s and I love it!
    Reply
    Ines Josefina Castaneda
    Ines Josefina CastanedaSep 9, 2020
    In addition to Judicial Review this case raised the question if the matter in the case brought up to the court was legal. Those goes hand in hand with judicial review because the court said if they could strike down legislature it would great a great power. The key in this case is that there was a political question and not a legal question.
    Reply
    Sania Kanji
    Sania KanjiSep 9, 2020
    Marbury v. Madison can be argued to be the one of the most important cases in American history because it gave the Supreme Court its “greatest power”, the judicial review. It established a precedent that no one is above the law, including the president. This decision gave more power to the Supreme Court than ever before.
    Reply
    Caroline Perez
    Caroline PerezSep 9, 2020
    Marbury v. Madison set a precedent for the future of the justice system. The case ensured that the Supreme Court holds the constitution as the ultimate power and reference when it comes to interpreting laws and what not in court.
    Reply
    Cheyenne Henry
    Cheyenne HenrySep 9, 2020
    Legal Question(s) Presented:
    Does Marbury have a right to the undelivered commission?
    Does the law offer a remedy?
    Does the court have the power/authority to extend the remedy?
    Reply
    Brianna Guedes
    Brianna GuedesSep 9, 2020
    This case establishes judicial review and the Supreme Courts power to declare laws constitutional or unconstitutional.
    Reply
    Kevin Lyles
    Kevin Lyles
    and as time progresses, the Court will also apply this power to executive action as well; i.e., not only laws but actions by the president.
    Sep 9, 2020•Edit•Delete
    Levi Harrison
    Levi Harrison
    Are you serious? That sounds like a bad idea. It almost sounds authoritarian. Are you saying if a current sitting president is not satisfied with the current laws they can simply change them?
    Sep 10, 2020•Delete
    Kevin Lyles
    Valeria Pedraza Avalos
    Valeria Pedraza AvalosSep 9, 2020
    It’s interesting diving into the specifics on the case of Marbury v. Madison. Most are taught how the case establishes the SC’s power of judicial review and how the constitution is the highest law of the land but not really about the facts of the case such as the issue stemming from the lack of a payment on a justice of peace’s commission that lead to these landmark decisions.
    Reply
    Lesly Zavala
    Lesly ZavalaSep 9, 2020
    Despite the three statement of issues constructed by John Marshall which include: 1) Does the Supreme Court have the right to hear the case? Yes under section 13 of the Judiciary Act, 2) Was there a breach in law when the president Jefferson did not deliver the appointments to Marbury and the rest of the judges, giving Marbury a right to sue? Yes Marbury can be protected under the law due to the violation of law, 3) Can the Supreme Court remedy this situation and order President Jefferson to deliver the commissions? Yes under Section 13 of the Judiciary Act, HOWEVER John Marshall decided no, because Article 3 section 2 of the constitution giving the Supreme Court original jurisdiction was written before the constitution allows congress to amend it, therefore section 13 of the Judiciary Act conflicts with the constitution. The Constitution is above all legislation created by congress, so John Marshall defended the Supreme Courts power of Judicial Review, allowing it to be the body of law that interprets the constitution and deems the constitutionality of legislation.
    Reply
    Salma Villarreal
    Salma VillarrealSep 9, 2020
    In the case of Marbury vs Madison, the supreme court ultimately created the power of judicial review hailed by the federalists and demonized by the Democratic-Republicans. Which makes sense as to what caused the case to come about. The facts of the case are, James Madison was a Democratic-Republican working as secretary of state under a federalist president (John Adams) who wanted to appoint justices to his liking in the new courts outlined in the Judiciary Act of 1801. Although Adams’ judicial appointment was approved by the Senate, Madison’s political stunt to not deliver the commission to prevent the justices from taking office was declared unconstitutional. The supreme court also declared that a writ of mandamus would be the only remedy if a situation like this were to ever come up again, however, the supreme court cannot issue this as this will conflict with Article III, Section 2 of the constitution. Also, the court declared that Congress cannot change the constitution through regular legislation as it goes against the supremacy clause. If Congress did have the power to do this, the constitution would be just a regular bill that could just as easily be repealed.
    Reply
    Michelle Rodriguez
    Michelle RodriguezSep 8, 2020
    Through this case of Marbury V. Madison in 1803, the Judicial Court established it’s power of judicial review. Although it had already been given this power in the constitution in article three, section two through the Judiciary Act of 1789, this was the first occasion where the court could exercise its legal right. Since then, the Supreme Court continues to establish its power of judicial review, stating what is and isn’t constitutional.
    Reply
    Kevin Lyles
    Kevin Lyles
    “power of judicial review. Although it had already been given this power in the constitution in article three,” I disagree..
    Sep 9, 2020•Edit•Delete
    Kevin Lyles
    Hannah Ellis
    Hannah EllisSep 8, 2020
    Marbury v. Madison established the power of judicial review to Supreme Court. Judicial review allows the Court to determine a certain law’s constitutionality. The concept that the Court had this power arose from the fourth question of this case: is the Court allowed to issue a writ of mandamus. Mr. Marbury submitted a writ of mandamus since his commissions were not delivered. Chief Justice John Marshall ruled that the Court could not issue a writ of mandamus since it conflicted with Article III of the Constitution.
    Reply
    Zain Hussain
    Zain HussainSep 8, 2020
    In Marbury vs. Madison, it gave the power of judicial review to the courts in order to declare a law unconstitutional. This was formed because Marbury’s commissions were not delivered and he petitioned for a writ of madamus. John Marshall later said a writ of mandamus could not be issued by the court since it conflicts with the constitution, hence why Judicial review was established.
    Reply
    Bukola Abdulwahab-Omotose
    Bukola Abdulwahab-OmotoseSep 8, 2020
    Marbury v. Madison, this was a very interesting case that led to the establishment of judicial review. After Jefferson defeated Adam, he decided to be political with the law by appointing judges and justices with the hope of being able to frustrate the Jefferson administration when they eventually assumed office. This case was also responsible for making the judiciary act of 1789 unconstitutional and that was the verdict used by Marshall. A very peculiar case that resulted in a groundbreaking result.
    Reply
    Lillie Elling
    Lillie EllingSep 8, 2020
    In the landmark case Marbury v. Madison the decision of the fourth question, allowing the Court the establish judicial review and decide whether an act from Congress is unconstitutional was a groundbreaking ruling, expanding the role of the Court like had never been done before or since. Though the true nature of the case was to rule on the likes of Mr. Marbury, what it is known for in history, and rightfully so, is the ruling on expanding the power and reach of the Court and its power to determine Constitutionality.
    Reply
    Sebastian Moscoso
    Sebastian MoscosoSep 8, 2020
    In the landmark case Marbury v. Madison the supreme court leaves precedent and establishes that they have the power of judicial review. When tasked upon interpreting legislation they have the authority to dictate whether legislation is in accordance to the constitution or if it infringes upon it. This power lets the supreme court decided if the legislation is constitutional or unconstitutional. This case establishes the power of checks and balances in the 3 branches of government. As John Adams realizes his party loses power he tried to expand the number of judges in the federal judiciary. In his last hours Adams is signing judicial commissions. Due to the time crunch there are undelivered commissions when Jefferson takes office. Jefferson does not deliver the appointments causing Marbury to petition a writ of mandamus. In John Marshall opinion he states the Jefferson broke the law , he also says Marbury can sue, and reflects upon the Judiciary Act of 1789. This act amends the constitution and thus section 13 original jurisdiction is null and void conflicts with article 3 section 2. This establishes the precedent of Judicial review. This case is the defining case in the supreme court history.
    Reply
    Alexis Rodriguez
    Alexis RodriguezSep 8, 2020
    Marbury v. Madison, was the precedent of the Judicial Review (an important landmark case). Madison was appointed as one of the justices of peace, but did not receive his commission. Madison then petitioned for a writ of mandamus to receive his delivery from Madison. Although the writ of mandamus was the proper way seeking remedy, the Court could not issue it. The Judiciary Act of 1789 conflicted with the Constitution. This case established the right to declare if a law is unconstitutional.
    Reply
    Kevin Lyles
    Kevin Lyles
    “if a law is unconstitutional.” or, constitutional
    Sep 9, 2020•Edit•Delete
    Kevin Lyles
    Nay Tjatur
    Nay TjaturSep 8, 2020
    Marbury v. Madison establishes that the Supreme Court has the power of judicial review, meaning that it can rule on the constitutionality of legislative and executive decisions. This particular case decided that the Judiciary Act of 1789, through which Marbury was appointed a Justice of Peace, was unconstitutional. Because of this, the Court could not deliver Marbury’s request for a writ of mandamus. To me, this case not only exemplifies the power of judicial review but also the importance of the constitution. This case establishes the constitution as the highest law, and, consequently, any legislative/executive decision that is not in line with the constitution can be rendered void.
    Reply
    Emma Whaley
    Emma WhaleySep 8, 2020
    Marbury v. Madison, a landmark case in the United States, not only established judicial review, but also pointed out the importance and supremacy of the Constitution above Congress, laws, etc. By rendering the Judiciary Act of 1789 unconstitutional when denying and deciding that Marbury’s request for a writ of mandamus (the delivery of the commission) was unconstitutional because it violated the original jurisdiction of the Supreme Court laid out by the constitution in Article 3, Section 2, the Supreme Court established the premise of judicial review, the power to determine whether a law is constitutional or unconstitutional. However, I believe that this case had many more interesting and important points to it. For example, when it stated that the original and supreme will organizes government and assigns different departments their powers AND establishes limits not to be transcended by those departments, this outlined a sense of checks and balances and I interpreted it to mean that the powers of the different branches, specifically legislative branch here, are defined and wrote in the constitution in order to limit their powers. I also think this case did a wonderful job at outlining the important of the constitution as the “superior, paramount law, that is unchangeable by ordinary means”, through its commentary that established that any legislative acts contrary to it aren’t laws and even by going so far as pointing out that the constitution is mentioned first, before any general laws, when declaring what the supreme law of the land should be.
    Reply
    Ben Lee
    Ben LeeSep 8, 2020
    I’ve always believed that one of the more interesting parts of Marbury v. Madison is how it a weaved in one of the earliest implied powers of the constitution.
    I’ve also always found it odd that John Marshall was both the Secretary of State when then events of the case took place and the Chief Justice in the case.
    Overall the case represents a formalization of the supreme courts power to resolve disputes between Congress and the constitution.
    Reply
    Arnold Brown
    Arnold BrownSep 8, 2020
    Marbury v. Madison was a landmark case in the United States. This case established the judicial review which means that American courts can deem something like a government action or law, unconstitutional or constitutional. Chief justice John Marshall helped set the precedent that the Constitution is the “ Supreme law of the land.” This case also helped shape boundaries between the executive and Judicial branches of the federal government.
    Marbury v. Madison is still met with criticisms as Marshall’s interpretations can be met with debate. He could have also settled the case through alternate legal rulings. Not only is this a landmark case but a controversial one too.
    Reply
    Mateusz Plewa
    Mateusz PlewaSep 8, 2020
    More importantly than anything else, Marshall’s majority ruling in Marbury v Madison established the supremacy of the Constitution above Congress and the Law. In doing so, Marshall affirmed the inherent duty of the Supreme Court to decide the constitutionality of the laws which it applies.
    Reply
    Leilani Rivera
    Leilani RiveraSep 8, 2020
    Marbury v. Madison in itself was one of the most important cases in history because it established judicial review in the supreme court. Laws seen as a violation (or utterly wrong) were able to be seen as unconstitutional and deemed wrong.
    Reply
    Henry Jiang
    Henry JiangSep 8, 2020
    An interesting fact about this case is that Marbury vs Madison was actually NOT the first case to use judicial review. Instead, it expanded the scope of judicial review.
    Reply
    Elizabeth Peralta
    Elizabeth PeraltaSep 8, 2020
    This case established judicial review as well as giving Marbury his commission from Madison .
    Reply
    Kevin Lyles
    Kevin Lyles
    i will have to disagree with you… “as well as giving Marbury his commission from Madison .”
    Sep 8, 2020 (edited Sep 8, 2020)•Edit•Delete
    Kevin Lyles
    Sylvia Waz
    Sylvia WazSep 8, 2020
    Marbury was appointed and commissioned to become a judge by former President John Adams. Despite this, Marbury never received the commission to allow him to become a federal judge because Secretary of State, James Madison delayed the postage. Marbury then petitioned the Supreme Court to get his commission from Madison. The Supreme Court granted that Marbury was appointed and commissioned and that they could offer a remedy. However, they could not make the decision because the court ruled that the Judiciary Act was unconstitutional due to being inconsistent with the constitution. Therefore, they had no say in using a writ of Mandamus on Secretary Madison to deliver the commission.
    Reply
    Freda Doni
    Freda DoniSep 8, 2020
    The highlight of this case is very critical because it establishes the concept of the judicial review as well as the Supreme Court’s ability to interpret legislation passed by Congress that doesn’t go in accordance with the Constitution.
    Reply
    Oscar Jassiel Sanchez Cruz
    Oscar Jassiel Sanchez CruzSep 8, 2020
    When reading Marbury v Madison I thought it was curious seeing how everything pointed to Marbury’s victory but towards the last question being considered in the case everything changes. Marbury basically met all the requirements he needed to be granted a remedy and the only one that he did not meet (the authority of the court to send the mandamus) was completely out of his hands.
    Reply
    Osikenoya Usman-Aliu
    Osikenoya Usman-AliuSep 8, 2020
    -Adam nominates Marshall (Chief Justice)
    -nominates 42 justices
    -Senate confirms Marbury’s appointment
    March 3, 1801 (Jeff. Confirms commission of Department of State)
    Marbury required writ of mandamus (legal remedy)
    Congress cannot pass laws against the constitution
    Questions: Right to commission?
    -confirmed by senate
    -appointment
    Holding: Court does not possess the power to force Madison to deliver Marshall commission.
    Reply
    Kevin Lyles
    Kevin Lyles
    “S.C. cannot pass laws against the constitution” I think you meant Congress, not S.C.
    Sep 8, 2020•Edit•Delete
    Osikenoya Usman-Aliu
    Osikenoya Usman-Aliu
    Yes Professor! Thank you I corrected my error.
    Sep 8, 2020•Delete
    Kevin Lyles
    Liliana Diaz
    Liliana DiazSep 7, 2020
    This case is significant because it established judicial review (determine whether a law is constitutional) making the Supreme Court the highest court.
    Reply
    Rama Izar
    Rama IzarSep 6, 2020
    This case not only establishes the traditions of judicial review and the Constitution as the highest level of law, but also recognizes the Supreme Court as a powerful branch of the United States government.
    Reply
    Ashanti Simpkins
    Ashanti SimpkinsSep 6, 2020
    this case really showcased the power of the Constitution and the Supreme Court’s duty to uphold the constitution at the highest court in america. This landmark case that set the tone of the Court and put on display the importance and impact of the constitution here in America. Although Marbury had the right to receive his commission, the Supreme Court did not have the right to make Madison deliver that commission to Marbury. The judiciary act of 1789 violated the constitution and gave the Court more jurisdiction than was outlines in the constitution. I interpreted this as kind of a checks and balance system within the Court itself because they ultimately took away power or jurisdiction that was not granted to them from the constitution.
    Reply
    Deleted user
    Deleted userSep 12, 2019
    This is a landmark case because it established the Constitution as the law of the land, and not just a set of political principles. It also gave the Court the power of judicial review in order to determine the constitutionality of a case, law, executive order, etc.
    Reply
    Julio Hernandez
    Julio HernandezSep 11, 2019
    Mr. Marbury was entitled to the commission signed by President Adam, even though Mr. Madison did not deliver his commission. Marbury V. Madison is the a landmark case, this gave the Supreme Court the power of Judicial Review to determine the constitutionality of a case.
    Reply
    Deleted user
    Deleted userSep 11, 2019
    Even though Marbury’s commission was signed by the president and sealed by the secretary of state, it was not followed through. This controversial case translates over to the creation of judicial review- preventing tyranny from overruling a decision.
    Reply
    Leya Ismail
    Leya IsmailSep 11, 2019
    The case was centered around whether or not William Marburg had the right to commission, whether or not the law provided him with a remedy, and whether or not the Supreme Court has jurisdiction to handle this matter. Through the last question, jusdicial review was established because previous to its establishment, Congress did not have the power to modify the constitution through regular legislation because the supremacy clause placed the constitution before the laws.
    Reply
    Alfredo Navarro
    Alfredo NavarroSep 11, 2019
    I believe that the resulting disposition by Marhsall was a surprising but right decision to establish an important power for the Supreme Court. Overall it provided a great example for the future cases and situations for the American government through Judicial review.
    Reply
    Brooke Saunders
    Brooke SaundersSep 11, 2019
    By upholding the decision that it was not in the Supreme Court’s original jurisdiction, it also gave the Supreme Court the power to determine whether or not laws passed by Congress were constitutional, increasing their power to the same level as the Executive and Legislative Branch. This is what makes Marbury v Madison a landmark case.
    Reply
    Philip Garza
    Philip GarzaSep 11, 2019
    I thought the ruling on this was very tricky and probably required a lot of thinking.This is a great example on how the Supreme Court has the authority to review laws and legislative acts to determine whether they comply with the US Constitution.
    Reply
    Ines Josefina Castaneda
    Ines Josefina CastanedaSep 11, 2019
    This case is a landmark for paving the way for judical review but also it is an example of the political question doctrine because the court was not able to do anything since it wasn’t a full legal issue
    Reply
    Ashanti Simpkins
    Ashanti SimpkinsSep 11, 2019
    I think this case really showcased the power of the Constitution and the Supreme Court’s duty to uphold the constitution at the highest court in america. This landmark case that set the tone of the Court and put on display the importance and impact of the constitution here in America. Although Marbury had the right to receive his commission, the Supreme Court did not have the right to make Madison deliver that commission to Marbury. The judiciary act of 1789 violated the constitution and gave the Court more jurisdiction than was outlines in the constitution. I interpreted this as kind of a checks and balance system within the Court itself because they ultimately took away power or jurisdiction that was not granted to them from the constitution.
    Reply
    Diana Alvarado
    Diana AlvaradoSep 11, 2019
    Marbury v. Madison is a landmark case because it establishes the SC’s power allowing them to interpret the constitution. The case established judicial review and set a precedent for futures cases. This was a moment, just as the video states, where there was a risk that the President may not comply with SC orders. Fortunately, the court found a way out of the issue through reviewing the Judiciary Act of 1789. Without this case, the SC’s power could have looked very different today.
    Reply
    Andrew Tuider
    Andrew Tuider
    I think you should mention that the Judiciary Act of 1789 actually would have expanded the original jurisdiction of the court and therefore their power. The Supreme Court asserted their power of Judicial Review and position as a third branch of government by telling Congress that they did not have the authority to enlarge their constitutional jurisdiction.
    Sep 12, 2019•Delete
    Kevin Lyles
    Yj Hwang
    Yj HwangSep 10, 2019
    It goes without saying that this case is the one of the most important in the Supreme Court’s history that established its defining ability of judicial review and how that precedent will be utilized extensively throughout the Supreme Court’s history. It’s significance is synonymous to the Supreme Court itself and its fundamental application to every other decision is surprising when I really look into it. How else would decisions be handled if the court didn’t deal with a case like this first?
    Reply
    Joseph Strom
    Joseph StromSep 10, 2019
    With the case of Marbury V. Madison I sometimes wonder how American history would be different if the Court limited its power. If Marshall hadn’t supported this bedrock SC principle of judicial review would our system of checks and balances be better or worse for it? I suppose the success of the hypothetical alternative history depends on whether or not one believes the Court has hampered or advanced progress in the aggregate, but it is nonetheless interesting at least to me. The early American statesmen had their many flaws, but a legal system like ours I think works overall (although I’ve never done much comparative law and would be interested to see if any other nations lack a system of judicial review in a way similar to ours).
    Reply
    Ayesha Mohammed
    Ayesha MohammedSep 10, 2019
    The case of Marbury v. Madison was interesting in that Chief Justice John Marshall limited the power of the Supreme Court and legitimized the institution simultaneously. Although the Judiciary Act of 1789 expanded the jurisdiction of the Supreme Court, it conflicted with what was defined in the Constitution. The Court ruled that such an expansion was unconstitutional, thus limiting the scope of the Supreme Court while establishing judicial review.

    If the Court were to issue a writ of mandamus and Madison failed to comply, the Court would lose legitimacy. Similarly, it would also lose legitimacy if it failed to act altogether. The Court’s middle ground ruling increased its legitimacy while bypassing enforcement if a writ of mandamus was issued.
    Reply
    Crystal Lopez
    Crystal LopezSep 10, 2019
    John Adams signed a number of justices before Jefferson took office because he knew he would be in the party minority. He just hired a bunch of people as and he and John Marshall ran out of time to send commissions out. Marbury was one of the justices that didn’t get a commission, so he sent for a writ of mandamus. With the Issues presented it first appeared as though Marbury was going to win. With the third issue he found that the writ of mandamus was an expansion of original jurisdiction, which expanded the power of the court. This allowed the amendment of the constitution which is unconstitutional. John Marshall says that the Judiciary act of 1789 of section 13 must be void because it conflicts with an article 3 section 2 of the constitution. So he established a president for judicial review. Which is the Supreme Courts greatest power and only the Supreme court can say what the constitution is.
    Reply
    Kelsei Peppler
    Kelsei PepplerSep 10, 2019
    Marbury v. Madison is one of the most important if not the most important case in supreme court history. It sets up the supreme courts ability to interpret the constitution. This case lays the base for judicial review, giving the supreme court the power to say if a law is constitutional or unconstitutional.
    Reply
    Nate Wasilowski
    Nate WasilowskiSep 10, 2019
    I now understand the importance of Marbury v. Madison and the power given to the Supreme Court to decide whether an act is constitutional or unconstitutional. Judicial review being a tool of the Supreme Court is imperative for upholding the Supremacy Clause of the Constitution. However, I still find it interesting that the Supreme Court has only its legitimacy as a way of enforcement of Constitutionality.
    Reply
    Jessica Amyette
    Jessica AmyetteSep 10, 2019
    Head Justice Marshall’s decision was monumental in establishing the Supreme Court’s status as a co-equal branch of government. By declaring the withholding of Marbury’s compensation by Jefferson and Madison unconstitutional, Marshall established the Supreme Court’s respected position as interpreter of the Constitution
    Reply
    Henry Jiang
    Henry JiangSep 10, 2019
    Marbury vs Madison is argued to be the most important case in the Supreme Court, as this was the first Supreme Court case to apply the judicial review, which is the power of the Court to rule any case or legislative laws that comes in conflict with the Constitution to be unconstitutional. Thanks to this case, all of the cases since then that goes to the Supreme Court for review uses this principle
    Reply
    Deleted user
    Deleted user
    The Supreme Court’s power of judicial review is intended to protect against tyranny of the majority. However, critics often accuse the Supreme Court’s ability to strike down majority-approved legislation as undemocratic. This just highlights one of the main misconceptions of democracy. Democracy is not a system in which the majority can just do whatever it wants. Democracy is a game (or a competition, to be precise) in which people of different opinions and values fairly compete for the top. This means that there are rules that all sides must abide by. The Constitution essentially serves as a rulebook. If the majority (or winning side) silences or criminalizes any opinions or values it doesn’t agree with, then that is anything but democratic. Even the majority (or winning side) has rules to abide by, and even losing sides have rules in place to protect them.
    Sep 10, 2019•Delete
    Kevin Lyles
    Sylvia Waz
    Sylvia WazSep 10, 2019
    I learned a lot about this case through briefing it. I always knew about the case and that it had established judicial review but I did not understand how the case gave the court that power until now. I did have some trouble writing it because it was the first brief that I have written. I was a little confused on writing the facts of the case because I was not sure how much context to include in this section.
    Reply
    Anthony Sikorski
    Anthony SikorskiSep 10, 2019
    One weakness of the ruling in Marbury v. Madison is that although the court is allowed to strike down laws as unconstitutional and give orders, it has no way of enforcing this.
    Reply
    Daniel Garcia
    Daniel GarciaSep 10, 2019
    After writing my first case brief on Marbury v. Madison, I can honestly say that I’ve learned a lot about this case. I’ve always known that this case established the precedent for Judicial Review, but after doing research on this case, I think that it is pretty amusing that petty political battles have been going on for over 200 years. It is almost amusing that after Adams signed off on the commission for Marbury the night before he exited office that it just miraculously disappeared. Additionally, I have a new found appreciation for case briefs because the amount of useless information in this case was pretty overwhelming. However, it most definitely will help solidify the important facts about this case in my mind come the mid term and final exams.
    Reply
    Deleted user
    Deleted userSep 27, 2017
    Marbury v. Madison is one of, if not the most important case U.S. history. This case established the Supreme Court’s power of judicial review and gave the SCOTUS powers that were on-par with the executive branch and Congress. It aided in establishing the Constitution as Supreme Law of the Land.
    Reply
    Deleted user
    Deleted userSep 17, 2017
    What makes Marbury and Madison so important is that it is the landmark case establishing the Supreme Court’s power of judicial review by striking down Congress’ decision. Before this case, it was never really clear which branch of the government could interpret the Constitution, but by using precedence, the SCOTUS established themselves as the legal power to interpret the Constitution that can have what many argue to be the most important check in all three branches of the government.
    Reply
    Deleted user
    Deleted userSep 15, 2017
    This is the case John Marshall’s court used to establish judicial review. William Marbury was commissioned by outgoing president John Addams to be a justice of the peace, but it was never delivered . When Thomas Jefferson came into office he ordered James Madison, his Secretary of State, to let them remain undelivered. Marshall decided that though Marbury had a right to his commission, the part of the Judiciary Act of 1789 that granted the Supreme Court jurisdiction in this case was unconstitutional.
    Reply
    Deleted user
    Deleted userSep 15, 2017
    In this case we can see the first time power of the Supreme Court has been used to strike down Congressional legislation down as unconstitutional. This defining case explains the establishing president of Judicial Review. John Marshall’s decision was based upon his reasoning that the Judiciary Act of 1789 essentially amends the Constitution, and thus the Supreme Court does not have the power to mandate that something be done in any given circumstance (Writ of Mandamus).
    Reply
    Deleted user
    Deleted userSep 14, 2017
    The case establishes important legal precedent. I was surprised at the depth of this case. I had always been taught that Marbury v. Madison was a case that led to judicial review, but there was a lot more at stake in this case. Several legal issues were addressed by Justice Marshall.
    Reply
    Deleted user
    Deleted userSep 14, 2017
    The vast importance of Marbury v Madison cannot be understated. For the first time in the history of federal laws, an order/law voted in by congress and signed by the president was deemed unconstitutional. This set precedent that the SCOTUS ultimately has the say in the way that the Constitution is interpreted. By determining the unconstitutionality of article 13 section 2, SCOTUS shows its power through the establishment of Judicial Review.

    No matter that some law was broken, and someone was due process, the court found its way around the case at hand and pointed to unconstitutionality of previously established law. Marbury probably was due his seat as a DC justice, but the case was not constitutionally sound to be heard on the SCOTUS.
    Reply
    Deleted user
    Deleted userSep 14, 2017
    I am a little confused by what is meant by public act when it is said that, “It follows too, from the existence of this distinction, that, if an appointment was to be evidenced by any public act other than the commission, the performance of such public act would create the officer” and how that can further blur the line between commission and appointment.
    Reply
    Deleted user
    Deleted userSep 14, 2017
    I found this case extremely interesting. While it is clear Marbury’s rights had been violated and he should have recieved remedy from the court, Marshall’s decision that the court had no jurisdiction over the case clearly limited the courts powers. I had trouble figuring out why he interpreted the Judiciary Act of 1789 unconstitutional and hope we will explore it more in class.
    Reply
    Deleted user
    Deleted userSep 14, 2017
    This case laid out the powers of the Court and firmly established the Constitution as the supreme law of the land. The Court’s position as the interpreter of the Constitution gives them the power to keep Congress and the president in check. This case affirmed the what might be the most powerful of all the checks and balances that exist in the country. Marshall also ends up setting an ethical standard that the Court must be above party affiliations and the compromising situations that come with them.
    Reply
    Christopher Nevarez
    Christopher NevarezSep 14, 2017
    The Court mentions the president’s power to exercise certain discretion in the appointment of officials and in the exercise political powers. The Court insists that this power of discretion extends to the officers that work to deploy the president’s agenda. Therefore, discretion in these cases cannot be controlled or managed by the courts. However, any duty imposed on an official, by the Congress, must be followed, not doing so is in contradiction with the law and therefore the law itself provides a legal remedy for the person(s) affected. This idea is very interesting because it provides a protection for officials in the executive when exercising discretion in the duties not prescribed by law.
    Reply
    Deleted user
    Deleted userSep 8, 2016
    I. Marbury v Madison
    II. 5 U.S. 137
    III. Facts:
    a. William Marbury was appointed Justice of Peace to Washington D.C. by former President Adams.
    b. At the end of President Adams term, he quickly appointed and got justices approved by the Senate in order to retain loyalist power in government.
    c. Secretary of the State under President Adams was John Marshall
    d. William Marbury is owed commissions in which Secretary John Marshall stamped and sealed it while President Adams signed it. All that was needed was the delivery of the commission but a new President was in office, Thomas Jefferson.
    e. Thomas Jefferson order his new Secretary of the State (James Madison) to not deliver the commissions to Marbury.
    IV. Issues
    a. Does Marbury have a right to his commissions?
    b. If yes, is there a legal remedy for Marbury’s commissions?
    c. Does the Court have the legal power to issue this remedy?
    V. Decisions
    a. Yes
    b. Yes
    c. No
    VI. Reasoning
    a. Marbury has a right to his commission because it was signed by President Adams and sealed by Secretary of State John Marshall in which Marbury has a legal right to his commission.
    b. Being that the commission is legally granted and must be delivered. A legal reedy to grant this delivery would be under a Writ of Mandamus.
    c. The Supreme Court of the United States does not have the legal power to issue the writ of Mandamus because in Article 3 Section 2 of the Constitution no such power is given under original jurisdiction. However, Congress passed the Judiciary Act of 1789 in which Section 13 gives the power of writ of mandamus to the Supreme Court but only through appellate jurisdiction. Since the case originated in the Supreme Court, under the Constitution, the Supreme Court has no power or authority to issue the writ of mandamus.
    Reply
    Deleted user
    Deleted userSep 8, 2015
    I am having some difficulty fully understanding why it is that the court rules to make the Judiciary Act of 1789 unconstitutional and it’s reasoning therefore the deny the writ.”his conduct, would be rejected without hesitation. But where he is directed by law to do a certain act affecting the absolute rights of individuals, in the performance of which he is not placed under the particular direction of the president, and the performance of which the president cannot lawfully forbid, and therefore is never presumed to have forbidden; as for example, to record a commission, or a patent for land,
    which has received all the legal solemnities; or to give a copy of such record; in such cases, it is not perceived
    on what ground the courts of the country are further excused from the duty of giving judgment,
    that right to be done to an injured individual, than if the same services were to be performed by a person “. Maybe I am just not fully comprehending the reading.
    Reply
    Comments above copied from original document
    Maria E
    Maria ESep 8, 2015
    This is definitely different take from what I remember it was. This is always a good case to look at when reviewing the supreme courts judicial reviewing power
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 8, 2015
    Learning about this case in high school, I never understood how judicial review sprang from a case of someone not getting their appointment delivered, especially when the Court would not issue a writ of mandamus. The opinion, to me, sort of reads as if Chief Justice Marshall were just waiting for a case that he could ride this onto and expand the court’s power with.
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    This case is the defining moment for the Supreme Court’s judicial review power. Marbury v Madison shapes the way the Supreme Court functions and establishes their main role to safeguard the Constitution. SCOTUS denies itself a small amount of power in this case (mandamus) in declaring that a law passed by Congress, Section 13 of the Judiciary Act, was in direct contrast of the powers delegated to the Supreme Court in Article 3 of the Constitution.
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    This case had proven to be essential in carrying out the system we have today. Congress had made the mistake of creating a law contrary to the United States Constitution. Had the idea of judicial review not been implemented, how many more laws would Congress have created that circumvented the principles of our founding document? It has been crucial in keeping a check on the other branches of government that from time to time overstep their very own boundaries. In this case alone, the practice of judicial review removed the impediment which we would find ever-present in our society; the abuse of power by our branches. This abuse of power would come from political leaders ignoring fundamental principles in the Constitution. With the utilization of judicial review, that abuse of power is largely marginalized, if not completely removed.
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    The tremendous impact this landmark case had cannot be understated. The precedence of judicial review it established is perhaps the single most powerful tool the Supreme Court has at its disposal. That said, it also illustrates the complex and somewhat ambiguous relationship that exists between the law and the judiciary. Their is immense overlap with judicial decisions in regards to the political context, as well as the role Congress has in helping to shape this narrative and vice versa.
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    While I was reading the case, I was wondering if the SC could refuse to issue the writ of mandamus and give Marbury his entitled commission. Chief Justice Marshall accepted the fact that Marbury was not being treated the way he deserved and that law granted him a remedy. Since the SCOTUS has the obligation to protect the rights of the US citizens, shouldn’t the court provide justice for Marbury and other 42 justices?
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    This case is monumental and has made a profound impact on United States history and politics because the supreme court spelled out their powers and declared section 13 of the judiciary act of 1789 unconstitutional. The supreme court also said that they did not have the power to declare a writ of mandamus.
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    I’ve always heard about this case, but never understood the impact it made on the Supreme Court’s power and the overall rise of judicial review. It’s not the decision which made the case so important in US history, it’s the enhancement of the court’s power. In these early years (US was established only 27 years before this case) of the country’s birth, it’s the monumental case which showcased the court as one not being weak. It’s interesting to see what kind of impact this would have made had the court decided it was constitutional for Madison to deny the commission.

    Humaa Siddiqi – Team 1
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    I find it interesting that SCOTUS, in denying itself a small power in the immediate moment (that of mandamus), would actually strengthen itself by clarifying the court’s power of judicial review. The opinion itself reads wonderfully, unpacking all of the reasons Marbury has legal right to claim his commission before savagely deciding that the remedy he seeks is one that cannot they can issue.
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    The Supreme Court: Can we do it? Yes we can! The fact that this power was explicitly out of their purview at the creation of the Constitution but nevertheless quickly occurred speaks to the sheer importance of judicial review; while the judicial system is constructed from the Constitution, the value of the court system itself developed more organically over time, spurred on by the power of judicial review essentially “uncovered” in Marbury v Madison.
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    It is interesting that it was John Marshall who served as Secretary of State under President Adams and carried the responsibility of delivering commissions such as Marbury’s, but did not do so by the time Adams left office. As he was appointed Chief Justice of the U.S. Supreme Court and heard the case, Marshall held two distinct roles.
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    I enjoyed how the Supreme Court went about delivering their verdict in this case. They clearly stated that that Marbury had earned the commission and that, legally speaking, it should have been delivered to him. They also stated that it was not in their power to force someone to hand over the commission, since it was out of their jurisdiction. However, even in saying that they couldn’t force anyone to do so, they stated clearly that Marbury should recieve his commission and that anything interfering in the delivery of it was illegal.
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    After reading about this case and watching the videos that were posted I cannot believe that the anti-federalists whom denied the commissions that adam had commissioned were already, so soon after the formation of our system of government, looking to scale back the powers of the judicial branch! I find it kind of ironic that an anti-federalist would want to give more power to the executive that early on. This really expresses how politics always manages to get into the way of things. People mention the past and the “good old days” before dirty politics and corruption, yet those days were really no better than what we see today. Generally.
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    I found it very interesting how politics played a key motive in the reasoning behind the refusal of the commission to Marbury and his colleagues. Marbury v. Madison allowed SCOTUS to establish and make it known that they have the power of judicial review and out of the three branches of government the judiciary is the branch that interprets what the Constitution means. With this case, Section 13 of the Judicary Act of 1789 was deemed Unconstitutional on the bases that it over extended the powers of original jurisdiction granted under Article 3 Section 2 of the Constitution. Ultimately, SCOTUS did not have the right to grant the writ of mandamus in which Marbruy was not given his commissions.
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    Marbury v. Madison is widely regarded as one of if not the most important case in United States history. The case is paramount in importance because it established the Supreme Court’s power of judicial review and “gave” the SCOTUS powers that were on-par with the executive branch and Congress. I do believe, as others have noted, that the ruling itself is not as significant as the precedent for SCOTUS power that the case set. Additionally, Marbury v. Madison is an important case because the Supreme Court spelled out what is and isn’t within their jurisdiction, showing that they can decide what they will hear. However, in class, we learned that technically the SCOTUS can hear any case they want, based on the unofficial third type of jurisdiction (within their own interests).
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    In addition to what has been said in prior comments below, I find that Marbury v. Madison is a good example of the Court only deciding cases to the extent that the cases are brought before them. For example, the Court ruled that it cannot be the legal body to issue Marbury’s legal remedy (in this case a mandamus) since the constitution does not grant them that power under their original jurisdiction. And, since the Judiciary Act of 1789 stated that they do have the power to issue a writ to a a public officer, they deemed the Act unconstitutional.
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    Although Marbury v. Madison was the first time the SCOTUS struck down a law (Section 13 of the Judiciary Act of 1789), and claimed it UNCONSTITUTIONAL, this is actually not the first time judicial review was used by the SCOTUS.

    In 1796, Hylton v. United States was the first case decided by the SCOTUS that challenged the constitutionality of an act of Congress. In this case, the constitutionality of the Carriage Act of 1794 which imposed a carriage tax, was challenged within the Court. However, after judicial review, the SCOTUS claimed the Act CONSTITUTIONAL.

    – Joe Anderson
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 7, 2015
    Three questions in Marbury v Madison:
    1. Does Marbury have a right to the commission?
    2. If Marbury had a right to the commission, did the law provide him a remedy?
    3. Can a writ of mandamus issue that remedy?
    Reply
    Deleted user
    Deleted user
    The holding:
    (1) Yes, the Court states that when a commission has been signed by the president that an appointment has been made. Once the commission receives the seal of the United States affixed to it that it is in fact a commission. Since William Marbury was appointed and given the commission, with the affixed seal of the United States, by President Adams he has a right to the commission he is requesting.
    (2) Yes, William Marbury has legal title to office and thus has a right to the commission. If there is a refusal to give that commission it is a violation of that right that the laws have given him and thus the laws afford him a remedy.
    (3) No, this court cannot issue a mandamus because to issue that writ would be to exercise appellate jurisdiction and this court only has original jurisdiction. The Supreme Court to issue writs of mandamus to public officers is not warranted by the constitution.
    Sep 7, 2015•Delete
    Comments above copied from original document
    Kevin Lyles
    Marisol Campos
    Marisol CamposSep 6, 2015
    The Supreme Court was not allowed to grant the writ as reasoned by Chief Justice Marshall stating that the Judiciary Act of 1789 to be unconstitutional. Justice Marshall stated that the Constitution did not give the SC the power to appoint Marbury.

    I believe this case is interesting because it involves the issue of politics and law.

    The resulting decision and establishment of judicial review allowed for the SC to showcase their legitimacy and their level of power.

    -Marisol Campos
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 8, 2014
    The Court did not help William Marbury in this case because they claimed to have no jurisdiction over it, but clarified that he didn’t need their help. His commission was already valid when he was appointed by the president with the consent of the Senate. The halt of the delivery of the physical document was considered illegal. This case is significant because it prominently represents the principle of judicial review. -L. Trujillo
    Reply
    Comments above copied from original document
    Deleted user
    Deleted userSep 8, 2014
    Marbury V Madison is arguably the most important case in US history. The case is powerful because it established judicial review and made the SCOTUS as powerful as Congress and the executive. If John Marshall ruled Marbury’s act to be constitutional, there is a possibility that Thomas Jefferson and Madison would still deny Marbury’s application, making the SCOTUS look much weaker than it did before. The ruling its self is not significant, but as a whole has layed down pavement for the SCOTUS to have say in what is and is not constitutional. This was also the first case the SCOTUS declared unconstitutional and the first time the court had to make a ruling on contradicting laws in the Constitution. I hope this helped!

    Steven Bidochka
    Reply
    Comments above copied from original document
    Juju Oluwole
    Juju OluwoleSep 8, 2014
    http://sbt.blob.core.windows.net/storyboards/baseballphillies/marbury-v–madison.png?utc=130294362404370000
    Reply
    Kevin Lyles
    Kevin Lyles
    very interesting, but why does it read 1857…this was 1803
    Sep 10, 2014•Delete
    Comments above copied from original document
    Kevin Lyles
    Jauwan Hall
    Jauwan HallSep 8, 2014
    If the non-delivery of the commission was illegal, couldn’t the court hold the Executive Branch accountable in some way? I feel like the choice to not mandate some form of relief to Marbury was a purely political decision. If the ruling of the court declared that Marbury is entitled to his commission, how can the court follow that up with a statement that says the court can’t help by issuing a writ of mandamus? Did the court not have discretion to state what remedy could be afforded to Marbury?

    I believe John Marshall’s decision was extremely suave, and it made the SCOTUS a very powerful branch of the Federal government. I also believe his political savvy in the ruling established that the judiciary is just as political a branch, (vice apolitical), as the Legislative and Executive Branches of government. Had he been a Democratic-Republican, the ruling would have been totally different, and there is no telling what the power of the SCOTUS today would be like.

Leave a comment

Your email address will not be published. Required fields are marked *

The maximum upload file size: 250 MB. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. Drop file here

css.php