Madbury vs. Madison - 1803 // Jayla Davenport // 1-22-18 // Period 7
Event #5 & 6
The Judiciary Act of 1801, passed by The Federalist Congress, allowed John Adams to form hundreds of appointments to the courts.As Ellsworth, the chief justice of the United States, resigned..Adams appointed John Marshall, his secretary of state, to take Ellsworth's place.
Marshall & Adams worked for what seemed like days to process the commisions for these last minute "midnight judges".When Jefferson took office on March 4th, a few of the commisions still hadn't been processed. Jefferson told his secretary of state, James Madison, to hold the papers.And it just so happened that one of those was for William Marbury
Marbury wanted to be a judge, so he asked the U.S supreme court to issue a legal order called a writ of mandamus.In this case the writ would've required Marbury's commision to be delivered.Congress had passed the Judiciary Act of 1789, saying that people could start at the Supreme Court if all they wanted was a writ of mandamus.In objection, Marbury argued that he was entitled to the writ because his commission had already been created.Marbury also argued that the Supreme Court had power to issue the writ
Marshall decided to turn down his claim and stated that the Constitution didn't give the Supreme Court jurisdiction to decide Marbury's case.This meant that the 1789 law passed by conress was unconstitutional.Therefore, the congress decided that it couldn't help Marbury get his job.
This instance was the first time that Judicial Review was used, which is the right of the Supreme Court to review and rule on acts of other branches of government.I believe the Judicial Review is still important today because if theres ever another case like this, the goverment has the power to reject or dimiss someone that apparentally is unqualified for whatever the case is, regardless of other branches and the constitution.