The Least Dangerous Branch? · Episode 3 of 13 · 37 min
Marbury v. Madison: How the Court Gave Itself Its Greatest Power
In 1803, in a case John Marshall engineered to win without a fight, the Supreme Court claimed the power to strike down laws. The story runs through the midnight judges, an undelivered commission, and a ruling that Marbury deserved his job but the Court could not help him, while asserting a greater power Jefferson could not defy. The Court's central authority is itself a product of politics.
Who's who
- John Marshall+7 more episodesChief Justice who wrote Marbury; sealed the commissions as Secretary of State
- William MarburyFederalist appointee whose commission was never delivered
- James Madison+6 more episodesSecretary of State and named defendant who withheld the commissions
- Thomas Jefferson+10 more episodesPresident who ordered the undelivered commissions withheld
- John Adams+3 more episodesOutgoing president who signed the last-minute commissions
Timeline
- February 13, 1801Lame-duck Congress passes the Judiciary Act of 1801.
- March 2-3, 1801Adams signs the 'midnight judges' commissions; Marbury's is not delivered.
- March 4, 1801Jefferson is inaugurated and orders the undelivered commissions withheld.
- December 1801Marbury and three others sue in the Supreme Court.
- 1802Republican Congress repeals the 1801 Act and cancels the Court's 1802 term.
- February 24, 1803Marshall delivers the unanimous Marbury v. Madison opinion.
Still debated
Historians argue whether Marshall invented judicial review or merely articulated an existing idea, and whether he should have recused himself. Critics also say he reached out to decide the big question when a narrower reading was available.
← PreviousJudicial Review Isn't in the Constitution. So Where Did It Come From?Next →Dred Scott: The Ruling That Helped Cause the Civil War
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