Marbury v Madison: Judicial Review
Chief Justice John Marshall faced a dilemma. If he ordered Madison to deliver the commission, Jefferson would almost certainly ignore the order—making the Court look powerless. If he ruled for Madison, the Court would appear to bow to executive pressure. Marshall found a third option: he agreed with Marbury that he deserved his commission and that Madison broke the law by withholding it, but then declared that the Supreme Court lacked jurisdiction to hear the case because Section 13 of the Judiciary Act was unconstitutional. On February 24, 1803, Marshall delivered a unanimous 4-0 decision (two justices were absent). The Court said it could not help Marbury—but in doing so, it claimed a far greater power: the authority to strike down laws passed by Congress.
Marbury v Madison: Judicial Review
Chief Justice John Marshall faced a dilemma. If he ordered Madison to deliver the commission, Jefferson would almost certainly ignore the order—making the Court look powerless. If he ruled for Madison, the Court would appear to bow to executive pressure. Marshall found a third option: he agreed with Marbury that he deserved his commission and that Madison broke the law by withholding it, but then declared that the Supreme Court lacked jurisdiction to hear the case because Section 13 of the Judiciary Act was unconstitutional. On February 24, 1803, Marshall delivered a unanimous 4-0 decision (two justices were absent). The Court said it could not help Marbury—but in doing so, it claimed a far greater power: the authority to strike down laws passed by Congress.
Marbury v Madison: Judicial Review
Chief Justice John Marshall faced a dilemma. If he ordered Madison to deliver the commission, Jefferson would almost certainly ignore the order—making the Court look powerless. If he ruled for Madison, the Court would appear to bow to executive pressure. Marshall found a third option: he agreed with Marbury that he deserved his commission and that Madison broke the law by withholding it, but then declared that the Supreme Court lacked jurisdiction to hear the case because Section 13 of the Judiciary Act was unconstitutional. On February 24, 1803, Marshall delivered a unanimous 4-0 decision (two justices were absent). The Court said it could not help Marbury—but in doing so, it claimed a far greater power: the authority to strike down laws passed by Congress.