Marbury vs Madison Flashcards
What power did this ruling see the SC give itself?
The power of JR over federal issues
Why is the actual dispute not that important?
Because it is dwarfed by the constitutional significance of the ruling
What was the case actually about?
In the weeks prior to the inauguration of Jefferson as president in 1801, the outgoing president, John Adams, appointed a handful of judgeships to retain his party’s control over the judiciary and frustrate Jefferson’s legislative agenda. William Marbury was the last of these judicial appointments and did not receive official confirmation of the post before Jefferson took office. Once in power, Jefferson immediately directed his secretary of state, James Madison, to reverse the appointment, and Marbury petitioned to the SC
What was the judgement
The SC found in favour of Marbury, but in doing so found that the 1789 Judiciary Act prevented them from having the jurisdiction to force Madison to honour the appointment. They then struck down this offending part of the Judiciary Act as constitutionally invalid
Explain the constitutional significance of the judgement
Because judicial review is not an enumerated power, the SC effectively found it in this case. The consequence of this judgement was that the SC would herein decide upon the constitutionality of the law, granting the SC JR over all federal issues
What did the then Chief Justice Marshall say to indicate that JR had been created in the written judgement?
‘It is the province and duty of the judicial branch to say what the law is’
How did professor David McKay describe this case in 2017?
Momentous
