An Overview of the Case - Marbury v. Madison

The Supreme Court and Marbury v. Madison

The Supreme Court ruled in Marbury v. Madison that a court has the authority to nullify congressional actions that are in violation of the constitution. The decision would elevate the court to the position of ultimate arbiter in matters involving congressional legislation. When William Marbury was appointed judge of the peace for the Columbian District in 1801, the case first began. (Tusnet, 2005). This happened when John Adam’s presidency was coming to an end. The commission and the commissions of three other appointees who had also been chosen were not approved by James Madison, the minister of state at the time. All the denied parties decided to file a case which would compel the commissions’ finalization. This would be through petitioning the American Supreme Court for the writ of mandamus. The Supreme Court had the task of resolving the issue and make a ruling on whether the petitioners had a right to their appointments. The court also had to weigh whether the decision to be arrived at would result in the sense of relief.

The Denial of the Petition

The court denied the petition through a unanimous decision which refused the issuance of the writ. According to the law interpreting body, there were no sections in the constitution which had granted them the authority to be issuing writs of mandamus. The Supreme Court cited section 13 of the judicial act of 1979 that argued that although the writs might be issued, the particular section was invalid and at the same time, inconsistent with the constitution (Amar, 1989). Despite this reasoning, the court arrived at a conclusion that the petitioners were, however, entitled to their commissions. Marbury v. Madison was a confirmation of the principle which states that those legislative acts in conflict with the constitution are always invalid. A Supreme Court’s power was thus established on the judicial review. This decision has had its effects that continue to be felt to date.

Effects of the Decision of the Supreme Courts Power Today

The most notable and important effects of the case have been on the nature of the American government. Marbury v. Madison gave the Supreme Court the power of the judicial review. The court was now in a position to declare some of the laws passed by the Congress as unconstitutional. Although this power stayed for long without being used again, it has had a big impact on the way the state of affairs are today. The Supreme Court now has the legitimacy and power which can be regarded as a co-equal of the government that is at par with the president and the Congress. The case can also be associated with the move made by presidents of appointing many justices before leaving the office. President Adams made efforts during his last days in office, to appoint as many justices as possible; thus the current situation is a replica of this (Manning, 2014).

The Importance of Marbury v. Madison

Were it not for this case, it is true to argue that we would be having a system of laws that are passed by the Congress and afterward signed by the president which are flawed. The case the case was, therefore, significant in ensuring that there is a higher authority that would check on the presidential and congress’ powers. The freedoms of speech would also be infringed on and the issue of racial segregation, failing to be given sufficient weight. Through the provision of the judicial review, the country has been at a position to protect the rights of the minority groups, more effectively than many countries in the world. The impacts of the case can also be felt when considering the recent ruling. For example, the court made a decision in June 2015 that states can do botched executions through the use of a certain drug for death sentences (Manning, 2014). The decision claimed that the drug does not violate the 18th amendment against the unusual and cruel forms of punishments. Besides, the case has allowed the US to thrive on the foundations of balance between the branches of government.

Is the Supreme Court the Least Dangerous Branch?

From the words of Hamilton, the Supreme Court cannot be considered as not being dangerous. However, it seems to be the least on the power rank among the branches of the government from the views of some scholars. Despite its flaws, it still has the responsibility to protect the country’s constitution as well as check other arms of the government. From Hamilton’s words, the Court neither holds the power of the sword which is the executive branch nor the purse’s power which refers to the Congress (Hall, 2014). Through the capabilities of the court, the court has to ensure that the sword and the purse’s powers do not breach the constitution or encroach the people. The court can also change the whole system of the constitutional law in a single precedent-setting case. This shows the great influence that it has.

The Power of the Supreme Court

The power of the court is further strengthened by the lifetime appointments of the Justices. They are not subjected to the representation of the electorate and thus make an objective decision without any forms of bias. The Justices can also make decisions that are controversial which cause a divide in public opinion. Whenever a congressman votes for a bill that is disagreed upon by other members of the party, there are high chances of failing to be reelected. Similarly, the president is never objective and tends to be swayed by public opinion. Justices are, however, different and can only be removed from tenure after a violation of standards set out in article III of the constitution. From these facts, the Supreme Court can be considered as not having many limitations and thus a strong branch.

References

Amar, A. R. (1989). Marbury, section 13, and the Original Jurisdiction of the Supreme Court. The University of Chicago Law Review, 56(2), 443-499.

Hall, K. L. (2014). The Least Dangerous Branch: Separation of Powers and Court-Packing: The Supreme Court in American Society. Routledge.

Manning, J. F. (2014). The Supreme Court, 2013 Term-Foreword: The Means of Constitutional Power. Browser Download This Paper.

Tushnet, M. V. (2005). Arguing Marbury v. Madison. Stanford University Press.