Lame Duck: an official (especially the president) in the final period of office, after the election of a successor.
Commission: an instruction, command, or duty given to a person or group of people
Appoint: to pick or choose someone for a position
Preside: be in the position of authority in a meeting or gathering
Unanimous: everyone must agree
Writ of Mandamus: order from a court to an inferior government official to fulfill their duties or correct an abuse of discretion
Precedent: to set a standard or basis for something else
Impart: to put upon, or to force upon
Background
John Adams is elected President in 1796. Adams served four years during the infancy of the country where he suffered through the XYZ scandal, which garneredhim grand support from the American people. Just a while later, he signed the unpopular Alien and Sedition Acts, which caused a drastic drop in his public support and eventually cost him his 2nd term. Thomas Jefferson was elected in the 1800 election, but before Adams leaves office he makes one underhanded move to ensure the Federalists still have some control of the government. During this lame duck session, before the end of his term, John Adams signed the Judiciary Act of 1801. This act is charged with reorganizing the judicial branch of the federal government. Under this act, Adams gave 16 federal judge commissions to high ranking Federalist party members. The commissions for these judges were signed over the last few weeks of Adams’ term, with the last 3 commissions being signed on the eve of March 3, 1801, 1 day before Thomas Jefferson took office. This earned the judges who were commissioned during this period the title “Midnight Judges.”
Just not enough time...
John Marshall was a leading member of the Federalist party and Secretary of State under Adams. John Adams appointed Marshall to be Chief Justice of the Supreme Court following the end of Adams’ term as President. As Secretary of State, it was Marshall’s job to deliver the commissions signed by Adams in the last moments of his administration. Marshall was unable to deliver all the commissions in time. The people who did not receive their commissions became angry and demanded them. One of these people was John Marbury. Thomas Jefferson won the election of 1800 and began his term as President on March 4, 1801. He appointed James Madison to be his Secretary of State. It is the duty of the Secretary of State to deliver the commissions of Presidential appointees. Madison refused to deliver the remaining commissions that Marshall could not deliver before Jefferson took office.
Marbury v. Madison
John Marbury, who should have received a commission by the Adams’ administration appealed to the Supreme Court, stating the the Judiciary Act of 1801 protected his appointment by John Adams and stated that James Madison should deliver the commission. Madison refused to acknowledge the commissions and argued that the Supreme Court could not tell the Executive Branch what to do. The Chief Justice presidingover this court case was none other than Midnight Judge appointee, John Marshall. Marshall, a Federalist, supported Marbury’s appointment however he knew the Supreme Court could not enforce a decision that stated James Madison must deliver the commissions. After reviewing the arguments of both parties Marshall gave his ruling, which would change the power of the Supreme Court forever.
Marbury v. Madison established Judicial Review
Marshall delivered his ruling on Feb. 24, 1803. The Supreme Court decision was unanimous. John Marbury had the right to his commission but the Supreme Court did not have the power to force the Executive Branch, or James Madison, to deliver the commissions. In the ruling John Marshall answered three key questions; Does Marbury have the right to the commission?, Do the laws of the country give Marbury legal remedy?, and Is asking the Supreme Court for a writ of mandamus the correct legal remedy? Marbury was able to easily answer the first two questions. Yes, Marbury had the right to his commission and failure to deliver the commission was "violative of a vested legal right." However, to answer the third question, Chief Justice Marshall had to review and analyze the Constitution and its position as the governing document of the United States. The Constitution is the supreme law of the land and would help the court determine if the Judiciary Act of 1801 that Marbury claimed protected his appointment, was constitutional or not. Marshall wrote in his ruling “It is emphatically the province and duty of the judicial department to say what the law is.” Through this ruling John Marshall set a precedent for the Supreme Court. They were to review the Constitution and determine whether or not a law is constitutional. This is known as the power ofjudicial review.
Impact of the Court’s Decision
Chief Justice John Marshall impacted the power of a previously weak judicial branch by imparting the power of judicial review upon the courts. Through his ruling, he allowed the Supreme Court to develop a very important check on the Legislative and Executive Branches. The power of judicial review increased the power of the Supreme Court as well as strengthened the power of the Federal government. Judicial review is a vital part of the checks and balances system.
Impact of the Marshall Court
John Marshall presided over the Supreme Court from 1801 until his death in 1835. Marshall presided over many key court cases in history including Marbury v. Madison, Mcculloch v. Maryland, Dartmouth v. Woodward, Gibbons v. Ogden, and Worcester v. Georgia. He played a key role in shaping the power of the Judicial Branch as well as increasing the power of the federal government. The court under Marshall asserted its role as a vital 3rd branch of government.