Marbury vs. Madison

In 1803, Marbury v. Madison became an important case to the United States. When Adams wanted Marbury to become the Justice of the Peace in the District of Columbia, Marbury did not acquire the proper documents in time and was prevented from fulfilling Adam’s request by the Secretary of the State, James Madison.

Problems began to arise during the Marbury v. Madison case where the Supreme Court had to question its power over Congress. The Supreme Court wanted to answer questions about who decides who will win the case and if the Court has the authority to modify the terms of the Constitution. One problem that may arise from judicial review is the fear that the Supreme Court will be able to overrule all other branches of Government when a decision is made.

During the trial, Marbury expressed his belief that the Constitution was only a base of laws that Congress could add to. If there is a conflict between Congress and the Constitution, the Constitution’s laws will hold.

During the Marbury v. Madison case, questions arose that concerned Marbury’s rights to be a judge. In the end, Marbury did not become Justice of the Peace in the District of Columbia.

Since the Marbury v. Madison case, many people have argued that Marshall (the judge during the case) was not sound in his argument against Marbury. Congress shall not supersede the Supreme Court. Many believe that Marshall should not even have been the judge since he was still Secretary of the State when the paperwork was to be delivered to Marbury and it was Marshall’s brother who was to deliver it.

NEXT: Understanding Debate of Judicial Review