The Marbury v. Madison case put John Marshall in a sticky situation. He had been the Secretary of State that neglected to give William Marbury his judicial commission. Now Marshall was the Chief Justice of the Supreme Court, and the Court was being asked to order James Madison to hand over the commission. Because both Marshall and Marbury were Federalists, many assumed the Supreme Court would order Madison to give Marbury his commission. But the Supreme Court was not very powerful in the early 1800s, and Marshall worried that ruling against the Democratic-Republican Madison could get him impeached and removed from the Supreme Court.
Ultimately, Marshall found a way out of his dilemma and at the same time gave the Supreme Court a significant new power. Marshall and the Court declared part of the Judiciary Act of 1789 unconstitutional. They ruled that Congress had violated the Constitution when it gave the Court the power to grant writs of mandamus under its original jurisdiction. Therefore, the Supreme Court was not allowed to directly rule for Marbury or Madison.
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| Part of the Majority Opinion in Marbury v. Madison |
The table below shows the Supreme Court's reasoning behind its decision in Marbury v. Madison. Read each constitutional clause and then click on it to see how Marshall interpreted it.
| Constitutional Clause | Marshall's Interpretation |
| Article. III, Section. 2, Clause 2: "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 original jurisdiction of the Supreme Court is clearly defined by the Constitution. Issuing writs of mandamus is not part of the Court's original jurisdiction. |
| Article VI, Section 1: "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land;…." | Since the Constitution is mentioned first, it is supreme over everything else, including the Judiciary Act of 1789. |
| Article VI, Section 2: "The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution;…." | As judicial officers, Supreme Court justices are required by oath to support the Constitution above everything else. |
Marbury v. Madison was the first time that the Supreme Court declared an act of Congress unconstitutional. The power of the federal courts to declare laws unconstitutional is known as judicial review. The Supreme Court, through later rulings, extended this power to the rest of the government. Today, all actions of the national and state governments are subject to judicial review. This greatly enhances the power of the Supreme Court and the other federal courts.
How well do you understand the Supreme Court's decision in Marbury v. Madison? Answer the questions below to review what you have learned.
Why was Marbury v. Madison a difficult case for Chief Justice John Marshall to render a ruling on?
As you have learned, part of the Judiciary Act of 1789 gave the Supreme Court the power to grant writs of mandamus. According to Marshall, what made this power unconstitutional?
Why do judges have the power to declare acts of Congress unconstitutional?
Why was the ruling in Marbury v. Madison important for the future of the Judicial Branch?
| Your Responses | Sample Answers |
|---|---|
| As a Federalist, John Marshall wanted to remain loyal to his political party and to find in favor of fellow Federalist William Marbury. Ruling for Marbury would also allow him to correct his mistake of not delivering Marbury's commission in the first place. But if he order Madison to hand over the commission to Marbury, he ran the risk of being impeached and removed by the Democratic-Republicans, who controlled the presidency and both houses of Congress. | |
| The Constitution clearly limits the original jurisdiction of the Supreme Court to cases involving diplomats, such as ambassadors, and those involving states. This original jurisdiction does not include the power to issue writs of mandamus. | |
| Judges swear an oath to uphold the Constitution. If an act of Congress violates the Constitution, judges are required to declare those acts unconstitutional. | |
| Marbury v. Madison was the first time the Supreme Court declared an act of Congress unconstitutional. Over time, this power of judicial review was used by the Supreme Court to declare other governmental actions unconstitutional, greatly increasing the power of the Judicial Branch. | |
