The presidential election of 1800 was one
of the most contentious in our young nation’s
history. Federalist President John Adams fought
for reelection, but it became clear that the
Anti-Federalists, led by Democratic-Republican
and Vice President Thomas Jefferson, would
take the office. Meanwhile, in an effort to
preserve the influence of the party, the Federalist-led
Congress passed the Judiciary Act of 1801
(now known as the Midnight Judges Act), which
reorganized the federal judiciary, and the
District of Columbia Organic Act, both of
which created dozens of new judgeships and
justiceships.
Adams spent the next few weeks (his last in
office) appointing dozens of Federalists–these
appointees became known as the “Midnight
Judges” and the “Midnight Justices of
the Peace.” The group obtained wholesale
approval from Congress on March 2nd. The commissions
were signed by Adams and sealed by the Secretary
of State on March 3rd. The last remaining
step was for the commissions to be physically
delivered to the appointees by the Secretary
of State.
Who was Adams’s Secretary of State? John
Marshall, who had already been appointed Chief
Justice of the Supreme Court. Marshall was
unable to deliver all of the commissions before
Jefferson was sworn in the next day, by Marshall
himself in his role as Chief Justice. The
undelivered commissions were still in Marshall’s
office when James Madison, the new Secretary
of State, took office. Jefferson told Madison
not to deliver the commissions. William Marbury,
whom Adams had appointed Justice of the Peace
of the District of Columbia, was one of the
appointees who had not received his commission.
Congress had authorized the United States
Supreme Court to issue writs of mandamus under
the Judiciary Act of 1789, so Marbury brought
suit against Madison in the United States
Supreme Court under its original jurisdiction
to compel Madison to deliver the commission.
Writing for a unanimous Court, Chief Justice
Marshall first concluded that Marbury had
been lawfully appointed and confirmed as justice
of the peace and therefore had a right to
his commission. Marshall went on to say that
Marbury was entitled to redress under the
law for the deprivation of that right.
Unfortunately for Marbury, however, the Court
refused to issue the writ. The Court held
that the section of the Judiciary Act of 1789
conferring original jurisdiction to issue
writs of mandamus on the Supreme Court was
unconstitutional. The Court found that this
provision was at odds with Article III of
the Constitution, which specifically lays
out the Supreme Court’s original jurisdiction,
though it empowers Congress to pass laws related
to the Court’s appellate jurisdiction. In
a landmark move, the Court recognized its
power of judicial review–the Court’s authority
to review laws and legislative acts to determine
whether they pass constitutional muster. The
Court found that the Act was unconstitutional,
because it sought to expand the Supreme Court’s
original jurisdiction beyond that granted
by the Constitution. The Court declined to
exercise jurisdiction over Marbury’s claim.
This case established the Supreme Court’s
power of judicial review, a function so central
to the role of the judiciary in modern jurisprudence
that the following quote from Marshall’s
opinion is carved on the wall of the Supreme
Court building, “It is emphatically the
province and duty of the Judicial Department
to say what the law is.” Though judicial
review was not a new idea, this case firmly
ensconced the principle in American law. Marbury
v. Madison remains one of the most important
cases in American jurisprudence.
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