Marbury v. Madison (1803) illustrates how the power of the Supreme Court, or the Federal Courts, depends not only on its constitutional authority, but on how the Constitution is interpreted, how the judicial branch avoids a confrontation with the other branches of government, and how the members of the court go about making a decision. The decision in the case established the right of judicial review for the federal courts.
John Marshall, and the other members supporting his decision, ruled that the Supreme Court had no power to issue writs to compel public officials to do their duty, in this case awarding an appointment made by President Adams, because the Judicial Act of 1789 giving the court that power was unconstitutional. Marshall pointed out that the Constitution of the United States, Article III, pointed out precisely the Supreme Court's original jurisdiction, and it did not mention issuing writs of the sort in this case. The result of the case was that a showdown with the Jeffersonians was avoided, one that the court might lose, and the power of the Supreme Court was clarified and increased Case Citation: Marbury v.
Madison 5 US 137 (1803) For more information, see Related Questions, below.
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