*Marbury+v.+Madison

//Marbury v. Madison//

Year Case Was Decided: 1803



In the final days of Federalist President John Adams' administration, the Federalists created many new judicial offices and then appointed Federalists to those positions. These judges came to be known as "midnight judges" because they were appointed at the last minute. One of these appointments was William Marbury, who was named justice of the peace for the District of Columbia (Washington, D.C.). When the Democratic-Republicans took office in 1801, Secretary of State James Madison never finalized the appointment and Marbury did not get the job he was promised by the Adams administration. The new Democratic-Republican President Thomas Jefferson, who was angry at the Federalists for the last-minute judicial appointments, ordered Madison not to deliver the appointment. Marbury than took his case to court, asking for a //writ of mandamus// - an order from a court for some action to be performed - commanding Madison to deliver the commission papers in accordance with the Judiciary Act of 1789.
 * SUMMARY**

There were three questions that had to be decided by the court. 1. Did Marbury have a right to the commission? 2. If so, was he entitled to some legal remedy under U.S. law? 3. Was that remedy a writ from the Supreme Court?
 * CONSTITUTIONAL/LEGAL ISSUE**

The Court ruled that Marbury did have a right to the commission and that he was entitled to a remedy under U.S. law. In regards to the third part, however, the court said that the law that gave the Supreme Court the power to issue a writ - the Judiciary Act of 1789 - was unconstitutional. It was unconsitutional due to the fact that the Constitution did not grant Congress the ability to create such a law.
 * DECISION**

This court case established the precedent of judicial review, which is the ability of a court to delcare a law or act of the president as uncontitutional. This has proven to be the most important check that the judicial branch has over the other two branches, and it's not even written in the original constitution. Hundred of important supreme court cases have employed the power of judicial review and have allowed federal courts to rule on the constitutionality of laws and presidential actions.
 * SIGNIFICANCE**