Marbury v. Madison Primary Sources: Documents and Excerpts

📚 Understanding Marbury v. Madison

Marbury v. Madison is a landmark 1803 Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and some government actions that violate the Constitution of the United States. This case is a cornerstone of American constitutional law and significantly shaped the balance of power between the three branches of government.

📜 History and Background

The case arose from a political and ideological battle between the outgoing Federalist Party and the incoming Democratic-Republican Party led by Thomas Jefferson. In the final days of his presidency, John Adams, a Federalist, appointed numerous judges, including William Marbury, to federal positions. These appointments were intended to ensure Federalist control of the judiciary. However, the commissions for these appointments were not delivered before Jefferson took office. Jefferson's Secretary of State, James Madison, refused to deliver Marbury's commission.

• 🏛️ The 1800 Election: Thomas Jefferson defeats John Adams.
• ✍️ Midnight Appointments: Adams appoints numerous Federalist judges before leaving office.
• ✉️ Non-Delivery: James Madison, Jefferson's Secretary of State, refuses to deliver Marbury’s commission.
• ⚖️ Marbury's Petition: Marbury petitions the Supreme Court for a writ of mandamus to compel Madison to deliver the commission.

🔑 Key Principles Established

Chief Justice John Marshall, writing for the Court, addressed three key questions:

1. Did Marbury have a right to his commission?
2. If so, did the laws of the country afford Marbury a remedy?
3. If they did, could the Supreme Court issue a writ of mandamus to provide that remedy?

While the Court found that Marbury had a right to his commission and that the law provided a remedy, it ultimately held that the Supreme Court did not have the power to issue the writ of mandamus in this case because the section of the Judiciary Act of 1789 that granted the Court original jurisdiction in such matters was unconstitutional.

• 🏛️ Judicial Review: The Supreme Court's power to declare laws unconstitutional.
• ⚖️ Constitutional Supremacy: The Constitution is the supreme law of the land.
• 📜 Limited Government: Government actions are limited by the Constitution.

📝 Primary Source Excerpts

Key excerpts from the Marbury v. Madison decision highlight the Court's reasoning:

"The question, whether an act, repugnant to the constitution, can become the law of the land, is a question deeply interesting to the United States; but, happily, not of an intricacy proportioned to its interest."

"It is emphatically the province and duty of the judicial department to say what the law is."

🌍 Real-World Examples of Judicial Review

Since Marbury v. Madison, the Supreme Court has used its power of judicial review in numerous landmark cases:

• ✊ Brown v. Board of Education (1954): Declared state laws establishing separate public schools for black and white students unconstitutional.
• 📜 Miranda v. Arizona (1966): Established that criminal suspects must be informed of their constitutional rights before being interrogated.
• 🏳️‍🌈 Obergefell v. Hodges (2015): Legalized same-sex marriage nationwide.

💡 Conclusion

Marbury v. Madison remains a crucial case in American legal history. It solidified the Supreme Court's role as the ultimate interpreter of the Constitution and established the principle of judicial review, shaping the balance of power within the U.S. government and influencing constitutional law for centuries to come. Understanding the primary sources and the context of this case provides valuable insight into the foundations of American democracy.