In an elegant act of “judicial jujitsu,” the Supreme Court issued its decision in Marbury v. Madison on February 24, 1803, establishing the high court’s power of judicial review.
The dramatic tale begins with the presidential election of 1800, in which President John Adams, a Federalist, lost reelection to Thomas Jefferson, a Democratic-Republican. Congress also changed hands, with the Democratic-Republicans achieving majorities in both chambers.
Adams could see the writing on the wall: his party had been relegated to the judicial branch. In a bid to strengthen Federalist power, he appointed Secretary of State John Marshall to be Chief Justice of the United States. Adams also worked with the outgoing Congress to create a slew of new judicial …show more content…
On March 4, having assumed the presidency, Jefferson ordered Secretary of State James Madison not to deliver the commissions. Outraged, Marbury sued, demanding that the Supreme Court force Madison to comply.
In Marbury v. Madison, the Court was asked to answer three questions. Did Marbury have a right to his commission? If he had such a right, and the right was violated, did the law provide a remedy? And if the law provided a remedy, was the proper remedy a direct order from the Supreme Court?
Writing for the Court, Marshall answered the first two questions resoundingly in the affirmative. Marbury’s commission had been signed by the President and sealed by the Secretary of State, he noted, establishing an appointment that could not be revoked by a new executive. Failure to deliver the commission thus violated Marbury’s legal right to the office.
Marshall also ruled that Marbury was indeed entitled to a legal remedy for his injury. Citing the great William Blackstone’s Commentaries, the Chief Justice declared “a general and indisputable rule” that, where a legal right is established, a legal remedy exists for a violation of that
The dramatic tale begins with the presidential election of 1800, in which President John Adams, a Federalist, lost reelection to Thomas Jefferson, a Democratic-Republican. Congress also changed hands, with the Democratic-Republicans achieving majorities in both chambers.
Adams could see the writing on the wall: his party had been relegated to the judicial branch. In a bid to strengthen Federalist power, he appointed Secretary of State John Marshall to be Chief Justice of the United States. Adams also worked with the outgoing Congress to create a slew of new judicial …show more content…
On March 4, having assumed the presidency, Jefferson ordered Secretary of State James Madison not to deliver the commissions. Outraged, Marbury sued, demanding that the Supreme Court force Madison to comply.
In Marbury v. Madison, the Court was asked to answer three questions. Did Marbury have a right to his commission? If he had such a right, and the right was violated, did the law provide a remedy? And if the law provided a remedy, was the proper remedy a direct order from the Supreme Court?
Writing for the Court, Marshall answered the first two questions resoundingly in the affirmative. Marbury’s commission had been signed by the President and sealed by the Secretary of State, he noted, establishing an appointment that could not be revoked by a new executive. Failure to deliver the commission thus violated Marbury’s legal right to the office.
Marshall also ruled that Marbury was indeed entitled to a legal remedy for his injury. Citing the great William Blackstone’s Commentaries, the Chief Justice declared “a general and indisputable rule” that, where a legal right is established, a legal remedy exists for a violation of that