Marbury v. Madison, 1803

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Marbury v. Madison, 1803

• Why It Still Matters More Than 200 Years Later

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Emergence

• Emerged from a disagreement about midnight
  appointments in 1801.
• In the final days of his Presidency, John Adams
  worked with Federalists in Congress to pack the
  federal courts and the new capital (department
  positions) with Federalist appointees.

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Thomas Jefferson

• Days after his Inauguration, Jefferson (of the
  rival Democratic-Republican party) noticed a pile
  of letters sitting on the table at the State
  Department.
• Realizing that they were commissions
  (appointments) for Federalists that mistakenly
  had not been sent, Jefferson forbade their
  delivery.

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William Marbury

• One of the commissions that was left out was an
  ambitious man named, William Marbury of Maryland.
• Marbury sued James Madison (Jeffersons
  Secretary of State) in the Supreme Court.
• He claimed that he had a right to the Commission.

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Supreme Court

• The Court was headed by Chief Justice, John
  Marshall.
• Marshall was Jeffersons cousin and he hated
  Marshall!
• The Court issued a preliminary order requiring
  the Jefferson administration explain its
  position.
• Mad as you could imagine, Jeffersons Dems/Repubs
  exploded and SHUT DOWN the high Court for more
  than a year.

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The Ruling

• A year later and after cooling heads prevailed,
  in February 1803 the Court made its ruling
• The Court issued a unanimous opinion, and blasted
  Jefferson and Madison for NOT following the law
  by blocking delivery of the commissions.

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Ruling cont

• BUT, they also ruled that the law giving
  individuals the right to file a lawsuit directly
  to the Supreme Court was UNCONSTITUTIONAL because
  under the Constitution , the Supreme Court hears
  APPEALS ONLY from other Courts (District,
  Circuit, etc).
• This was the 1st time it had struck down an Act
  of Congress (shutting down the Court). Marshall
  wrote It is emphatically the province and duty
  of the Courts to say what the law is (the rule
  of law).

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3 Lessons from Marbury

• 1) In the midst of disagreement about the Courts
  conclusions in particular cases, we sometimes
  FORGET to appreciate the genius of the American
  system an independent judiciary with the LAST
  word on the law and the Constitution.
• Amend the Constitution.
• Should judges be elected of independent there
  is a history and heritage of independent judges?

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3 Lessons from Marbury cont

• 2) The Marbury case contains valuable CAUTIONARY
  teales.
• Marshall didnt cave into the dominate
  Federalists in Congress.
• The case is a reminder that being in the
  political majority doesnt mean youre above
  being on the wrong side of history on fundamental
  judicial points.
• Will Obama and Democrats get whatever they want?

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3 Lessons from Marbury

• 3) Lastly, Marbury points out that greatness may
  arise from the MESSIEST of political
  circumstances.
• No matter how patchy Washington was back then,
  and on how unproven the Court was, Marshall
  helped forge a landmark in law and justice that
  would be an inspiration to the world more than
  two centuries later.
• The case gives hope that the chaos of uncertainty
  of todays struggles may similarly yield unknown
  breakthroughs that endure for ages.

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End

• Source
• Sloan, Cliff and David McKeon,Why Marbury v.
  Madison Still Matters, Newsweek March 2, 2009,
  p.49.
• Adapted from The Great Decision Jefferson,
  Adams, Marshall, and the Battle for the Supreme
  Court, Public Affairs.