Marbury v Madison (1803): A landmark decision made by the Supreme Court under the leadership of Chief Justice, John Marshall, Marbury v Madison forever cemented the relationship between the different branches of the government by placing the power of “judicial review” firmly in the hand of the judicial branch. In a desperate last ditch attempt to secure some power for the Federalists, the Adams administration signed a number of judicial commissions into effect. William Marbury was intended to receive the position of the justice of peace of the District of Columbia, but the new Secretary of States, Madison, refused to send out the official commission Marbury with the job. Incensed, Marbury then took his case to the Supreme Court, thereby forcing Marshall between a rock and a hard place. Marshall knew that if he tried to advance the Marbury’s case, he would face total rejection by the Democratic Republican, while weakening the power of the entire Judicial Branch. To find a political middle ground, Marshall dismissed Marbury’s suit by arguing that the Judicial Act of 1789 was partially unconstitutional. Even through Marbury lost his commission, Marshall was able to pull a major victory out of the seeming defeat by setting a precedent under which the court had the final interpretation of the Constitution.                               John D.

Sources: The American Pageant, 12^th edition

             http://www.historycentral.com/NN/Marbury.html (American History Central)

             http://www.pbs.org/wnet/supremecourt/democracy/landmark_marbury.html  (PBS) 

Interesting Links:

       To read the transcript of Marbury Vs Madison, visit Our Documents at:

             http://www.ourdocuments.gov/doc.php?flash=old&doc=19&page=transcript

Quote From Marshall's Decision

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