Supreme Court Case of Marbury v. Madison Essay Example

tenure as president.

Historical Significance

Marbury v Madison established an important legal principle, judicial review. This is the doctrine under which legislative and executive powers of the state are subject to scrutiny by the judiciary (Allen and Thompson, 2011). This is provided under clause two, Section two of the United States Constitution.

In Marbury v Madison, the court found that the refusal of Madison to deliver the commission was illegal; the writ of mandamus was declined, with the court holding that the 1789 Act which enabled Marbury to reach the Supreme Court was unconstitutional since it extended the court’s original jurisdiction beyond establishment of Article III.

This case made the Supreme Court a very powerful authority in the society. John Marshall in his ruling argued that the acts of congress in conflict with the constitution are not law and therefore not binding to the courts. He further stated that the judiciary’s first responsibility is to uphold the constitution, and if two laws conflict, the court bears the responsibility to decide which law applies. This positions the judiciary at a very powerful level in the American government.

From the landmark ruling in Marbury v Madison, the court’s power can’t be limited hence Alexander Hamilton’s argument that the court’s power is the ‘the least dangerous branch’ of the American government is justified.

References

1. Allen, M. & Thompson, B. (2011). Constitutional and Administrative Law, Oxford University Press.
2. Marbury v. Madison- Case Brief Summary, 5 U.S. (1803) Retrieved from: http://www.lawnix.com/cases/.