Marbury vs. Madison

The duel between the former Secretary of the Treasury and the

Vice-President provided high drama, but far more important was an event

that had occurred the year before in Washington. This event was a

Supreme Court decision written by Chief Justice Marshall, the decision

known as _Marbury_ vs. _Madison_. It established the principle that the

Supreme Court may declare unconstitutional any law passed by Congress

that conflicts with the Constitution. This principle has become so well

accepted today that we can hardly realize it ever had to be stated. Its

effect, however, was to strengthen the system of checks and balances

between the three main branches of our government.

Marbury was an obscure justice of the peace, appointed by President

Adams just before his term expired. The lame-duck Federalist

administration went out of office before Marbury received his

commission, and Marbury appealed to the Supreme Court to force James

Madison, the new Secretary of State, to give it to him. The Supreme

Court declared that Marbury deserved his commission but that it could

not grant it. The reason was that the law saying the Court could do this

was contrary to the Constitution and therefore invalid. In the portion

of the decision that follows, Chief Justice Marshall argues the

principle that Congress may not give powers not specifically authorized

by the Constitution to the courts or to anyone else.

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