How Did the Case Create the Precedent That Lets the Supreme Court Have the Power of Judicial Review?
9a. The Creation of the Federal Courts
John Marshall was chief justice of the United States from 1801 to 1835. His decisions defined constitutional police force and judicial precedent.
"An human action of the legislature repugnant to the Constitution is void — it is emphatically the province of the judicial department to say what the law is." -John Marshall, Marbury five. Madison (1803)
The Constitution painstakingly defines the structure and functions of the legislative (Congressional) co-operative of the government. It clearly (although less thoroughly) addresses the responsibilities and powers of the president.
But, information technology treats the judicial branch almost as an afterthought. Article III specifically creates only ane court (the Supreme Court), allows judges to serve for life and to receive bounty, broadly outlines original and appellate jurisdiction, and outlines the trial procedure for and limitations of congressional power confronting those accused of treason.
That's all.
Marshall Marshals the Court
William Marbury's lawsuit gave Marshall the opportunity to institute the ability of judicial review.
The framers of the Constitution were clearly more than interested in their experiment with legislative government than in the creation of a judicial system. Had it not been for John Marshall, the third master justice of the Supreme Court, the judicial branch might well accept developed into a weak, ineffective check on the legislature and the presidency.
But Marshall inverse everything by interpreting a power "implied" by Article III. Judicial review, or the power of the courts to overturn a constabulary, was the vehicle he used to create the nearly powerful judicial branch in the history of the world.
Article III of the Constitution
Section 1. The judicial Power of the Usa, shall be vested in one supreme Courtroom, and in such inferior Courts equally the Congress may from fourth dimension to time ordain and constitute. The Judges, both of the supreme and inferior Courts, shall hold their Officer during skilful Behaviour, and shall at stated Times, receive for their Services, a Bounty, which shall not be diminished during their Continuance in Office.
Equally secretary of state, James Madison refused to deliver the commissions of a number of "midnight judges," judges who had been appointed by John Adams in the final days of his term.
Section two. The judicial Power shall extend to all Cases, in Police force and Equity, arising under this Constitution, the Laws of the U.s., and Treaties fabricated, or which shall be made, nether their Authority, — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction, — to Controversies to which the United states shall be a Party; — to Controversies between ii or more States, — [betwixt a State and Citizens of some other State;](1) betwixt Citizens of different States, — between Citizens of the same Land claiming Lands under Grants of different States, [and between a State or the Citizens thereof, and foreign States, Citizens or Subjects.] (2)
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Courtroom shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Courtroom shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and nether such Regulations equally the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment; shall exist by Jury, and such Trial shall exist held in the State where the said Crimes shall accept been committed only when not committed within whatever State, the Trial shall exist at such Place or Places equally the Congress may by Police accept directed.
Section three.Treason against the U.s., shall consist just in levying State of war confronting them, or in adhering to their Enemies, giving them Help and Comfort. No Person shall be convicted of Treason unless on the Testimony of 2 Witnesses to the same overt Human activity, or on Confession in open Court. The Congress shall have Ability to declare the Punishment of Treason, just no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
(1&2) Inverse by the Eleventh Amendment.
Marbury v. Madison (1803)
The power of judicial review may be traced to the famous 1803 courtroom case of Marbury v. Madison. The election of 1800 gave that the presidency to an opposing party for the first fourth dimension. Fearing that the newly elected Thomas Jefferson, a Autonomous Republican, would undo his policies, Federalist president John Adams, sought to "pack" the courts with Federalist judges. He worked feverishly on the judicial appointments until the very finish of his presidency. When he left office, several of the orders were left on the secretary of country's desk, waiting to be delivered.
The new secretary of state, James Madison, saw what Adams was up to, and refused to carry out the commissions. William Marbury, a Federalist whose commission was not delivered, sued Madison and demanded that the Supreme Court force Madison to human activity. Marbury's demand was based on the writ of mandamus, a power given to the Court by the Judiciary Act of 1789 to command actions by officials of the executive co-operative.
Main Justice Marshall faced a huge dilemma. What if he commanded Madison to evangelize the commissions and the secretary of country ignored his command? What could Marshall do to enforce the conclusion? The Courtroom had no ground forces, nor whatsoever other means to back upwards the command. If Marshall did nothing, the quarrel could spill over to Congress and tear the new country apart before information technology even got off the ground.
The Writ Stuff
More than Information ...
A writ is a written court order requiring a party to perform or cease to perform a given act.
Marshall'due south decision was to declare the writ of mandamus unconstitutional, claiming that Congress had passed a police force "repugnant to the Constitution." He declared that because Article III did not grant the judicial branch the power of the writ of mandamus, and so the Supreme Court was unable to order Madison to act. Of course, Jefferson and Madison were happy with the conclusion, and the crunch passed, with but a disgruntled prospective justice (Marbury) to protestation.
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 | The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, similar other acts, is alterable when the legislature shall please to alter information technology.... Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount police of the nation, and, consequently, the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void.... It is emphatically the province and duty of the judicial section to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other the courts must make up one's mind on the operation of each. And so if a law be in opposition to the constitution: if both the police and the constitution apply to a particular case, and so that the court must either decide that case conformably to the constabulary, disregarding the constitution; or conformably to the constitution, disregarding the constabulary: the court must decide which of these conflicting rules governs the case. This is of the very essence of judicial duty. | |
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The Supreme Courtroom Gets the Final Word
No one seemed to understand the yard implications of what Marshall had washed: he had created the power of judicial review. This established the precedent that just the federal courts could interpret the Constitution. This power has given federal judges the final word in settling virtually every major issue that has challenged the government in American history.
Today, the judicial branch not only provides strong checks and balances to the executive and legislative branches, it possesses a tremendous amount of policy-making ability in its own correct. This power rests more on the precedent (a principle that later justices followed) of judicial review set by Marshall in 1803 than on the provisions of the Constitution.
Source: https://www.ushistory.org/gov/9a.asp
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