Okla-homey
2/24/2006, 07:32 AM
Glad you asked! It all started on this day in 1803
February 24, 1803 Marbury v. Madison establishes judicial review
On this day 203 years ago, the Supreme Court, led by Chief Justice John Marshall, decides the landmark case of "William Marbury versus James Madison, Secretary of State of the United States" and confirms the legal principle of judicial review--the ability of the Supreme Court to limit Congressional power by declaring legislation unconstitutional--in the new nation.
http://img517.imageshack.us/img517/5483/zzzzzzz009198fq.jpg (http://imageshack.us)
Its not a particularly interesting case, but the decision is incredibly important and stands for the principle that the Supreme Court is the sole branch of gubmint with the authority to decide whether a law passed by the legislative branch is constitutional and thus enforceable. Thus, this decision is perhaps the most important Supreme Court decision evar.
Here's what it was all about. The court ruled that the new president, Thomas Jefferson, via his secretary of state, James Madison, was wrong to prevent William Marbury from taking office as justice of the peace in the District of Columbia. However, and much more importantly, it also ruled that the court had no jurisdiction in the case and could not force Jefferson and Madison to seat Marbury. IOW, the court said Jefferson was being a jerk, but the court had no power to make him stop being a jerk.;)
http://img240.imageshack.us/img240/2029/zzzzzzzzzzzzzz000127709dd.jpg (http://imageshack.us)
William Marbury -- he never got to be the justice of the peace in DC.
See, Marbury was a last-minute "midnight" appointee by the outgoing president John Adams who was a Federalist (so called because Federalist's belived in a strong federal government). Jefferson, a Democrat (so called because they believed more in the notion of states rights) didn't like Adams or his Federalist cronies and did not want to allow Adams' last minute Federalist appointees to be seated now that he was the new prez. Mr Marbury sued Jefferson (thru his secretary of state) in federal court to be allowed to take his seat and the case quickly got to the supreme court.
http://img240.imageshack.us/img240/6311/zzzzzzzzzzzz000131749hl.jpg (http://imageshack.us)
James Madison. As Jefferson's secretary of state, he was the guy Marbury sued because it was Madison who was supposed to deliver Marbury's commission as a the DC justice of the peace and Madison -- being loyal to his boss President Thomas Jefferson -- refused to do so.
The court decided that the Federal Judiciary Act of 1789 passed by the lame-duck Federalist-controlled Congress just before Jefferson was inaugurated actually tried to give the Supreme Court the power to decide who could get judgeships, but quite stunningly, the court ruled the Act of 1789 to be an unconstitutional extension of judiciary power into the realm of the executive.
http://img65.imageshack.us/img65/9319/zzzzzzfx17originaldocofmarbury.jpg (http://imageshack.us)
The little piece of paper Mr Madison refused to deliver to Mr Marbury -- from the National Archives.
Put another way, the court decided the Judicial Act of 1789 was "bad law" because it was an improper crossing of the Presidents' Article II powers with the Judicial branch's Article III power. IOW, the separation of powers required by the Constitution made the act unconstitutional because the president is the only guy who can appoint judges and the courts aren't allowed under our Constitution to get involved in the process.
In writing the decision, John Marshall argued that acts of Congress in conflict with the Constitution are not law and therefore are non-binding to the courts, and that the judiciary’s first responsibility is always to uphold the Constitution. If two laws conflict, Marshall wrote, the court bears responsibility for deciding which law applies in any given case and indeed whether of not the law is "good law" based on the Courts interpretation of the Constitution -- and that was a HUGELY important decision that would impact all of American life to the present day!
Thus, Mr Marbury never received his job because the court simply had no power to rule that Jefferson had to let Marbury take his seat as a judge.
This cartoon sums up the situation established by the case of Marbury v. Madison pretty nicely.
http://img240.imageshack.us/img240/3544/zzzzzzzmarburytoon3qe.gif (http://imageshack.us)
http://img138.imageshack.us/img138/3844/insane7zo7tv.jpg
February 24, 1803 Marbury v. Madison establishes judicial review
On this day 203 years ago, the Supreme Court, led by Chief Justice John Marshall, decides the landmark case of "William Marbury versus James Madison, Secretary of State of the United States" and confirms the legal principle of judicial review--the ability of the Supreme Court to limit Congressional power by declaring legislation unconstitutional--in the new nation.
http://img517.imageshack.us/img517/5483/zzzzzzz009198fq.jpg (http://imageshack.us)
Its not a particularly interesting case, but the decision is incredibly important and stands for the principle that the Supreme Court is the sole branch of gubmint with the authority to decide whether a law passed by the legislative branch is constitutional and thus enforceable. Thus, this decision is perhaps the most important Supreme Court decision evar.
Here's what it was all about. The court ruled that the new president, Thomas Jefferson, via his secretary of state, James Madison, was wrong to prevent William Marbury from taking office as justice of the peace in the District of Columbia. However, and much more importantly, it also ruled that the court had no jurisdiction in the case and could not force Jefferson and Madison to seat Marbury. IOW, the court said Jefferson was being a jerk, but the court had no power to make him stop being a jerk.;)
http://img240.imageshack.us/img240/2029/zzzzzzzzzzzzzz000127709dd.jpg (http://imageshack.us)
William Marbury -- he never got to be the justice of the peace in DC.
See, Marbury was a last-minute "midnight" appointee by the outgoing president John Adams who was a Federalist (so called because Federalist's belived in a strong federal government). Jefferson, a Democrat (so called because they believed more in the notion of states rights) didn't like Adams or his Federalist cronies and did not want to allow Adams' last minute Federalist appointees to be seated now that he was the new prez. Mr Marbury sued Jefferson (thru his secretary of state) in federal court to be allowed to take his seat and the case quickly got to the supreme court.
http://img240.imageshack.us/img240/6311/zzzzzzzzzzzz000131749hl.jpg (http://imageshack.us)
James Madison. As Jefferson's secretary of state, he was the guy Marbury sued because it was Madison who was supposed to deliver Marbury's commission as a the DC justice of the peace and Madison -- being loyal to his boss President Thomas Jefferson -- refused to do so.
The court decided that the Federal Judiciary Act of 1789 passed by the lame-duck Federalist-controlled Congress just before Jefferson was inaugurated actually tried to give the Supreme Court the power to decide who could get judgeships, but quite stunningly, the court ruled the Act of 1789 to be an unconstitutional extension of judiciary power into the realm of the executive.
http://img65.imageshack.us/img65/9319/zzzzzzfx17originaldocofmarbury.jpg (http://imageshack.us)
The little piece of paper Mr Madison refused to deliver to Mr Marbury -- from the National Archives.
Put another way, the court decided the Judicial Act of 1789 was "bad law" because it was an improper crossing of the Presidents' Article II powers with the Judicial branch's Article III power. IOW, the separation of powers required by the Constitution made the act unconstitutional because the president is the only guy who can appoint judges and the courts aren't allowed under our Constitution to get involved in the process.
In writing the decision, John Marshall argued that acts of Congress in conflict with the Constitution are not law and therefore are non-binding to the courts, and that the judiciary’s first responsibility is always to uphold the Constitution. If two laws conflict, Marshall wrote, the court bears responsibility for deciding which law applies in any given case and indeed whether of not the law is "good law" based on the Courts interpretation of the Constitution -- and that was a HUGELY important decision that would impact all of American life to the present day!
Thus, Mr Marbury never received his job because the court simply had no power to rule that Jefferson had to let Marbury take his seat as a judge.
This cartoon sums up the situation established by the case of Marbury v. Madison pretty nicely.
http://img240.imageshack.us/img240/3544/zzzzzzzmarburytoon3qe.gif (http://imageshack.us)
http://img138.imageshack.us/img138/3844/insane7zo7tv.jpg