Description
The 1803 U.S. Supreme Court case Marbury v. Madison established the principle of judicial review — the power of the federal courts to declare legislative and executive acts unconstitutional. The unanimous opinion was written by Chief Justice John Marshall. President John Adams named William Marbury as one of 42 justices of the peace on March 2, 1801. The Senate confirmed the nominations the following day, March 3, which was Adams' last full day in office. However, acting Secretary of State John Marshall failed to deliver four of the commissions, including Marbury’s. When Thomas Jefferson took office on March 4, he ordered that the four remaining commissions be withheld. Marbury sued Secretary of State James Madison in order to obtain his commission. The Supreme Court issued its opinion on February 24, 1803.
Overview of Marbury v. Madison
Full Transcript of Marbury v. Madison
Source-Dependent Questions
- What is judicial review?
- How does Marbury v. Madison protect human rights?
Citation Information
Marshall, John, "U.S. Reports: Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)," U.S. Supreme Court, 1803. Courtesy of Library of Congress