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.