Marbury vs Madison
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- The Federalist Fiasco
- With that anti-Federalist rat coming into office, I gotta protect Federalism somehow... oh! What if I were to flood the judiciary with Federalist politicians?
- Jefferson Steps In
- Madison! We've gotta put a cork into the flood of Adams's Federalists into the courts! I need you to stop ANY MORE of Adam's appointees from assuming judiciary offices! Understand?
- Understood President Jefferson!
- Marbury's Outrage
- This is totally unfair! I deserve to become a justice of peace and Madison had no right to stop me! By the Judiciary Act, I want a writ of mandamus to get him to deliver me as a justice!
- In a hasty effort to secure Federalist power in a government about to be led by the anti-Federalist Thomas Jefferson, former President John Adams rushed to appoint Federalists to the judiciary.
- Marshall's Verdict
- However, once Jefferson was appointed to office, he refused to allow his new Secretary of State, James Madison, to allow the delivery of any more Adams's Federalists that hadn't yet been admitted by the old Secretary of State, John Marshall (who was now Chief Justice).
- Marshall's Justification
- Article III Section IIThe judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers...
- William Marbury, one of Adams's appointees who's admission was refused to be delivered by Jefferson and Madison, sought a writ of mandamus, or a court ordered action compelling the execution of an action, (which he believed he could under the Judiciary Act of 1789) to deliver his commission as a justice of peace, and brought his case to the Supreme Court.
- Modern Significance
- While Chief Justice James Marshall declared that Marbury has the right to commission his demands and the right to a remedy, the remedy of a writ of mandamus against Madison as provided by the Judiciary Act of 1789 was out of the Supreme Court's jurisdiction and deemed the provision unconditional.
- While you do have the right to demand a remedy for your violated rights, it is out of the Court's jurisdiction to issue a writ of mandamus against Secretary Madison, and I hereby decree the Judiciary Act of 1789 UNCONSTITUTIONAL!
- Marshall declared that the Constitution under Article III Section II doesn't allow the Court to issue writs of mandamus in original jurisdiction cases such as Marbury's, and deemed the Judiciary Act of 1789's provision unconstitutional, setting a precedent that allowed the supreme court to invalidate laws it deemed unconstitutional, called Judicial Review.
- As a result of the outcome of Marbury v. Madison, the Supreme Court now has the ability to invalidate any laws it deems unconstitutional under the process of Judicial Review. One of the most prominent cases involving judicial review was the end to segregation in the American public education system in Brown v. the Board of Education.
- After undergoing a Judicial Review, we the Supreme Court find the segregation of our public education on the basis of race UNCONSTITUTIONAL!
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