Marbury v. Madison 1803
Background: William Marbury, one of John Adam's "Midnight Appointees", had been named a justice of the peace in the District of Columbia, but his commission had not been delivered to him before Adams left office even though it was signed and sealed. James Madison, the secretary of state under Thomas Jefferson, refused to deliver his commission. Article III, section 1 of the constitution stated judges shall receive compensation for services which shall not be diminished during their continuance in office. Under a writ of Mandamus, the case was brought to the Supreme Court.
Issue: Marbury did not receive the commission he was promised by Adams and entitled to by the constitution. Marbury applied to the Court in order to direct Madison to perform his official duty.
Ruling/Impact: The Court ruled that Marbury had the right to his commission, but the court had no power to give a writ of Mandamus to get a commission. The Court also ruled the Judiciary act of 1789 unconstitutional. This case established the Judiciary branch as co-equal to the other two branches, and established the process of judicial review. Under this process, judges look at laws and review them to see if they are constitutional or not.
Issue: Marbury did not receive the commission he was promised by Adams and entitled to by the constitution. Marbury applied to the Court in order to direct Madison to perform his official duty.
Ruling/Impact: The Court ruled that Marbury had the right to his commission, but the court had no power to give a writ of Mandamus to get a commission. The Court also ruled the Judiciary act of 1789 unconstitutional. This case established the Judiciary branch as co-equal to the other two branches, and established the process of judicial review. Under this process, judges look at laws and review them to see if they are constitutional or not.