Marbury v. Madison

Fri, 11 Feb 1803 13:00:00 +0000

Location

The Supreme Court of the United States at the US Capitol Building

US Capitol Washington DC 20515

Washington, DC 20515

United States

38° 53' 26.6352" N, 77° 0' 41.5512" W

See map: Google Maps

Case Basics

Petitioner

Marbury

Respondent

Madison

Heard By

Marshall Court (1801-1804)

Decided By

Marshall Court (1801-1804)

Opinion

5 U.S. 137 (1803)

Argued

Friday, February 11, 1803

Decided

Wednesday, February 23, 1803

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. (Justices William Cushing and Alfred Moore did not participate.)

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

Decision: 6 votes for Madison, 0 vote(s) against
Legal provision: Section 13 of the Judiciary Act of 1789

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.

Cases - 1803 term

Marbury v. Madison

Location