Borrowing a phrase John Adams had drafted in 1779 for the Massachusetts State Constitution, Marshall wrote: "The government of the United States has been emphatically termed a government of laws, and not of men." ===The Supreme Court's jurisdiction=== This brought Marshall to the third question: Whether the Supreme Court had proper jurisdiction over the case.
By the time of the Constitutional Convention in 1787, American courts' "independent power and duty to interpret the law" was well established, and Alexander Hamilton defended the concept of judicial review in Federalist No.
The answer depended entirely on how the Court interpreted the text of the Judiciary Act of 1789.
presidential election of 1800 to Jefferson, and in March 1801, just two days before his term as president ended, Adams appointed several dozen Federalist Party supporters to new circuit judge and justice of the peace positions in an attempt to frustrate Jefferson and his supporters in the Democratic-Republican Party.
presidential election of 1800, the three main candidates were Thomas Jefferson, Aaron Burr, and the incumbent president, John Adams.
Constitution is actual law, not just a statement of political principles and ideals, and helped define the boundary between the constitutionally separate executive and judicial branches of the federal government. The case originated in early 1801 as part of the political and ideological rivalry between outgoing President John Adams and incoming President Thomas Jefferson.
presidential election of 1800 to Jefferson, and in March 1801, just two days before his term as president ended, Adams appointed several dozen Federalist Party supporters to new circuit judge and justice of the peace positions in an attempt to frustrate Jefferson and his supporters in the Democratic-Republican Party.
Jefferson easily won the popular vote, but only narrowly defeated Adams in the Electoral College. As the results of the election became clear in early 1801, Adams and the Federalists became determined to exercise their influence in the weeks remaining before Jefferson took office, and did all they could to fill federal offices with "anti-Jeffersonians" who were loyal to the Federalists.
On March 2, 1801, just two days before his presidential term ended, Adams nominated nearly 60 Federalist supporters to circuit judge and justice of the peace positions the Federalist-controlled Congress had newly created.
With only one day left before Jefferson's inauguration, James Marshall was able to deliver most of the commissions, but a fewincluding Marbury'swere not delivered. The day after, March 4, 1801, Thomas Jefferson was sworn in and became the third President of the United States.
Finally, in December 1801, Marbury filed a lawsuit against Madison in the U.S.
O'Fallon, The Case of Benjamin More: A Lost Episode in the Struggle over Repeal of the 1801 Judiciary Act, 11 43 (1993). ==External links== Primary Documents in American History: Marbury v.
Decided in 1803, Marbury remains the single most important decision in American constitutional law.
Madison. ==Decision== On February 24, 1803, the Court rendered a unanimous 4–0 decision against Marbury. The Court's opinion was written by the Chief Justice, John Marshall.
However, others have noted that the "constitutional avoidance" principle did not exist in 1803, and in any case is "only a general guide for Court action", not an "ironclad rule".
After deciding Marbury in 1803, the Supreme Court did not strike down another federal law until 1857, when the Court struck down the Missouri Compromise in its now-infamous decision Dred Scott v.
It made the practice more routine, rather than exceptional, and prepared the way for the Court's opinion in the 1819 case McCulloch v.
After deciding Marbury in 1803, the Supreme Court did not strike down another federal law until 1857, when the Court struck down the Missouri Compromise in its now-infamous decision Dred Scott v.
In a 1955 Harvard Law Review article, U.S.
This power has been the basis of many subsequent important Supreme Court decisions in American history, such as the 1974 case United States v.
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