Marbury v Madison: Judicial Review
Many students mistakenly think William Marbury won because Marshall agreed Marbury deserved his commission. Marbury lost. The Court never ordered Madison to deliver the commission, and Marbury never became a justice of the peace. Marshall's strategy was to give Marbury a moral victory (agreeing he was wronged) while giving Jefferson a practical victory (no court order to defy)—but claim a huge institutional victory for the judiciary by establishing judicial review. Marbury sacrificed his commission so Marshall could build the Supreme Court's power for the next 200+ years.
Marbury v Madison: Judicial Review
Many students mistakenly think William Marbury won because Marshall agreed Marbury deserved his commission. Marbury lost. The Court never ordered Madison to deliver the commission, and Marbury never became a justice of the peace. Marshall's strategy was to give Marbury a moral victory (agreeing he was wronged) while giving Jefferson a practical victory (no court order to defy)—but claim a huge institutional victory for the judiciary by establishing judicial review. Marbury sacrificed his commission so Marshall could build the Supreme Court's power for the next 200+ years.
Marbury v Madison: Judicial Review
Many students mistakenly think William Marbury won because Marshall agreed Marbury deserved his commission. Marbury lost. The Court never ordered Madison to deliver the commission, and Marbury never became a justice of the peace. Marshall's strategy was to give Marbury a moral victory (agreeing he was wronged) while giving Jefferson a practical victory (no court order to defy)—but claim a huge institutional victory for the judiciary by establishing judicial review. Marbury sacrificed his commission so Marshall could build the Supreme Court's power for the next 200+ years.