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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