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Marbury v. Madison

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Case Basics
Petitioner: 
Marbury
Respondent: 
Madison
Decided By: 
Marshall Court (1801-1804)
Opinion: 
5 U.S. 137 (1803)
Argued: 
Thursday, February 10, 1803
Decided: 
Wednesday, February 23, 1803
Categories: 
executive priviledge, federalism, judicial review, jurisdiction

Cite this page
The Oyez Project, Marbury v. Madison , 5 U.S. 137 (1803)
available at: (http://oyez.org/cases/1792-1850/1803/1803_0)
(last visited Monday, November 9, 2009).
Facts of the Case: 

The case began on March 2, 1801, when an obscure Federalist, William Marbury, was designated as a justice of the peace in the District of Columbia. Marbury and several others were appointed to government posts created by Congress in the last days of John Adams's presidency, but these last-minute appointments were never fully finalized. The disgruntled appointees invoked an act of Congress and sued for their jobs in the Supreme Court.

Question: 

Is Marbury entitled to his appointment? Is his lawsuit the correct way to get it? And, is the Supreme Court the place for Marbury to get the relief he requests?

Conclusion: 

Yes; yes; and it depends. The justices held, through Marshall's forceful argument, that on the last issue the Constitution was "the fundamental and paramount law of the nation" and that "an act of the legislature repugnant to the constitution is void." In other words, when the Constitution--the nation's highest law--conflicts with an act of the legislature, that act is invalid. This case establishes the Supreme Court's power of judicial review.