Marbury v. Madison


Also found in: Legal, Wikipedia.

Marbury v. Madison,

case decided in 1803 by the U.S. Supreme Court. William Marbury had been commissioned justice of the peace in the District of Columbia by President John Adams in the "midnight appointments" at the very end of his administration. When the new administration did not deliver the commission, Marbury sued James Madison, Jefferson's Secretary of State. (At that time the Secretary of State was charged with certain domestic duties as well as with conducting foreign affairs.) Chief Justice John Marshall held that, although Marbury was entitled to the commission, the statute that was the basis of the particular remedy sought was unconstitutional because it gave the Supreme Court authority that was implicitly denied it by Article 3 of the U.S. Constitution. The decision was the first by the Supreme Court to declare unconstitutional and void an act passed by Congress that the Court considered in violation of the Constitution. The decision established the doctrine of judicial review, which recognizes the authority of courts to declare statutes unconstitutional.

Bibliography

See R. L. Clinton, Marbury v. Madison and Judicial Review (1989).

References in periodicals archive ?
The past several Supreme Court Terms have seen a judicial revitalization of sorts for Chief Justice Marshall's famous directive in Marbury v.
in the March 21 issue, the federal judiciary operates on a myth having to do with "judicial review," established by the Supreme Court case of Marbury v.
Madison did not realize as he positioned himself in the front of the room in Independence Hall on that late May day that what he then undertook to create would be "Madisons Notes" any more than, say, William Marbury knew in filing for a writ of mandamus against Secretary of State Madison that he was initiating the famous Marbury v.
Supreme Court in the July 10-23 NH Business Review ("The high court and history"), Brad Cook wrote that Chief Justice Marshall was impeached after writing Marbury v.
In this book, the author chronicles the life of John Marshall from his birth in Virginia, his Revolutionary War service, the ground breaking decision in Marbury v.
Law School) present this text on contemporary constitutional law in the United States with the goal of providing a summary of the Supreme Court's case law (focusing almost exclusively on majority opinions) as it has evolved from Marbury v.
The Great Decision is a story of how the seminal Supreme Court case Marbury v.
With these words from the historic decision in Marbury v.
Third, "Whether in the present case the court may award a mandamus to James Madison, secretary of state" (see Marbury v.
Never mind that this philosophy goes against the foundational principle of our judiciary, as expounded in Marbury v.