While the U.S. Supreme Court wields immense power in determining the constitutionality of federal laws, its authority was still uncertain until 1803. Although most of the framers expected the Supreme Court to perform this essential role, the Court's authority was not explicitly defined in the Constitution. Chief Justice John Marshall's decision in Marbury v. Madison, speaking for a unanimous Court, established the power of judicial review, making the Supreme Court an equal partner in government along with the Legislative and Executive branches. The Supreme Court now serves as the final authority on the Constitution.
The Marbury case bagan in 1801, during the last few weeks of President John Adam's term as president, just before Thomas Jefferson assumed the presidency. Congress had recently approved the appointment of several new justices of the peace in and around the District of Columbia. President Adams made appointment to these positions, and the Senate confirmed each just one day before Jefferson took office. The secretary of state was to deliver the formal appointments prior to Jefferson taking office, however, many of the commissions were not delivered on time. One of those appointed, William Marbury, did not receive his commission and immediately file suit against the new Secretary of State, James Madison, for failing to deliver it promptly.
Marbury went directly to the Supreme Court, seeking a writ of mandamus, a legal order demanding compliance with the law, to require Secretary Madison to deliver the commission. Chief Justice John Marshall was aware that if the Court forced Madison to deliver the commission, Jefferson and his administration would most likely ignore it, and thus undermine the authority of the Court. Marshall's decision stated that Madison should have delivered the commission to Marbury, but the section of the Judiciary Act of 1789 that gave the Supreme Court the power to issue writs of mandamus exceeded the authority of the Court under Article III of the Constitution. The decision upheld the law as defined in the Constitution, limiting the Supreme Court's power at the same time, and establishing the fundamental principle of judicial review.
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