Key Facts
- Year Decided
- 1803
- Vote
- 5-0
- Category
- Executive Power
- Chief Justice
- John Marshall
Background
In the final days of John Adams' presidency, he appointed dozens of Federalist judges. William Marbury was one of these appointees.
When Thomas Jefferson took office, his Secretary of State, James Madison, refused to deliver Marbury's commission.
The Constitutional Question
Does the Supreme Court have the authority to order the executive branch to deliver a judicial commission?
The Decision
Chief Justice John Marshall ruled that Marbury had a right to his commission but that the Judiciary Act section giving the Court power to issue writs of mandamus was unconstitutional.
By ruling against his own party's interests, Marshall established judicial review.
Impact & Legacy
Established the foundation of American constitutional law.
Every subsequent exercise of judicial review traces back to this precedent.
Key Quotes
“It is emphatically the province and duty of the judicial department to say what the law is.”