Marbury v. Madison | BRI’s Homework Help Series
Marbury v. Madison was the Supreme Court case that established judicial review. William Marbury was a judge appointed at the end of John Adams’ presidency, but never got his official commission papers. Once Thomas Jefferson became president, James Madison refused to deliver the commission papers. Marbury took his case to the Supreme Court and wanted a Writ of Mandamus, requiring Madison to deliver the papers. Ultimately, the court stated that Marbury was entitled to his papers, but it was unconstitutional for the courts to issue a Writ of Mandamus. Thus, judicial review was created and the principle of checks and balances was strengthened.
0:00 [Music] when there’s a clash between a law of Congress and the Constitution who gets to decide what’s constitutional the answer now is the Supreme Court thanks to the principle of judicial review what is judicial review you ask it’s the ability of the federal courts to review congressional
0:20 laws actions taken by the president and laws and actions of the states for constitutionality but it wasn’t always this way and it was a confrontation that involved three famous founding fathers Thomas Jefferson John Adams and James Madison you see when Adams was President
0:41 he was given Authority from the Judiciary Act of 1801 to appoint a number of Midnight Judges who were a small group of judges in the Federalist Party which was the same political party that Adams belonged to this would ensure that the Federalist Party controlled the courts when Thomas Jefferson who was not a federalist took over as president one
1:01 of these would be Midnight Judges was William Marbury whose appointment to be a Justice of the Peace was never delivered when Thomas Jefferson became president secretary of state James Madison refused to deliver the commission to Marbury this was the first time that a presidential election brought about a party change in the nation’s Short History so the political
1:23 tensions were high Furious Marbury took up his issue with the Supreme Court and asked them for a RIT of mandamus basically a document that would order Madison to deliver the commission the court did not want to get involved in the partisan dispute between the parties but it had to make a decision about the case the justices
1:45 found the solution and establishing a principle that Alexander Hamilton mentioned in Federalist essay number 78 that highlights the role of the courts Chief Justice John Marshall wrote the opinion for the court which decided first that Marbury would is entitled to the commission but more importantly they decided that the Clause allowing the court to issue rits which came from the
2:07 1789 Judiciary Act in the first place was actually unconstitutional Chief Justice John Marshall then outlined the role of the courts saying it is the duty of the judicial Department to say what the law is those who apply the rule to particular cases must of necessity expound and interpret that rule if two
2:28 laws conflict with each other the courts must decide on the operation of each this principle is called judicial review and it invalidated an act of Congress through the power of the Supreme Court and although not in the Constitution judicial review strongly supports the constitutional principle of checks and balances and brings about a greater
2:49 balance among all three branches for a deeper understanding of Marbury versus Madison explore the following questions [Music]
