How one 1803 case gave the Supreme Court its most powerful tool
Imagine if the Supreme Court couldn't declare laws unconstitutional. Congress could pass any law it wanted, even if it violated the Constitution. The President could ignore constitutional limits on executive power. There would be no check on the other branches. This was the situation before Marbury v. Madison.
In 1800, President John Adams lost his re-election to Thomas Jefferson. Before leaving office, Adams rushed to appoint dozens of Federalist judges—called the "midnight judges" because he signed their commissions late into his last night as president.
William Marbury was one of these appointees. His commission was signed and sealed, but never delivered. When Jefferson took office, he ordered his Secretary of State, James Madison, to withhold the undelivered commissions. Marbury sued, asking the Supreme Court to force Madison to deliver his commission.
Chief Justice John Marshall faced a no-win situation:
Jefferson and Madison would likely ignore the order, making the Court look powerless.
The Court would appear to bow to political pressure from the executive branch.
Marshall ruled that Marbury deserved his commission—but the Supreme Court couldn't help him. Why? Because the law that gave the Court power to hear the case (Section 13 of the Judiciary Act of 1789) was unconstitutional.
This was the first time the Supreme Court declared a federal law unconstitutional. In losing the battle (Marbury didn't get his job), Marshall won the war—establishing judicial review.
Judicial review is the power of courts to examine laws and government actions to determine if they violate the Constitution.
If a law or action is unconstitutional, the courts can strike it down—even if Congress passed it and the President signed it.
Any law that conflicts with the Constitution is invalid. The Constitution itself says it's "the supreme Law of the Land" (Article VI).
Judges take an oath to uphold the Constitution. When deciding cases, they must determine which laws apply—including whether those laws are constitutional.
If a law conflicts with the Constitution, and judges must follow the Constitution, then judges must refuse to enforce that law.
Without judicial review, there would be no way to enforce constitutional limits on government power. Here are some landmark cases that relied on the power established in Marbury:
The Court struck down laws requiring racial segregation in schools, declaring "separate but equal" unconstitutional.
Required police to inform suspects of their constitutional rights before questioning.
Struck down state bans on same-sex marriage, ruling they violated the Constitution's Equal Protection Clause.
Ruled that even the President must comply with court orders and turn over evidence, rejecting Nixon's claim of absolute executive privilege.
Fun fact: The Supreme Court didn't declare another federal law unconstitutional for 54 years after Marbury. But once established, judicial review became the Court's most important power—one that shapes American life to this day.