Marbury v. Madison

Marbury v. Madison, case decided in 1803 by the U.S. Supreme Court. William Marbury had been commissioned justice of the peace in the District of Columbia by President John Adams in the "midnight appointments" at the very end of his administration. When the new administration did not deliver the commission, Marbury sued James Madison, Jefferson's Secretary of State. (At that time the Secretary of State was charged with certain domestic duties as well as with conducting foreign affairs.) Chief Justice John Marshall held that, although Marbury was entitled to the commission, the statute that was the basis of the particular remedy sought was unconstitutional because it gave the Supreme Court authority that was implicitly denied it by Article 3 of the U.S. Constitution. The decision was the first by the Supreme Court to declare unconstitutional and void an act passed by Congress that the Court considered in violation of the Constitution. The decision established the doctrine of judicial review, which recognizes the authority of courts to declare statutes unconstitutional.

See R. L. Clinton, Marbury v. Madison and Judicial Review (1989).

The Columbia Encyclopedia, 6th ed. Copyright© 2013, The Columbia University Press.

Selected full-text books and articles on this topic

Marbury v. Madison: The Court's Foundation
Corinne J. Naden; Rose Blue.
Benchmark Books, 2005
Marbury V. Madison: Bicentennial of a Landmark Decision. (Looking at the Law)
Landman, James H.
Social Education, Vol. 66, No. 7, November-December 2002
Judicial Review before Marbury
Treanor, William Michael.
Stanford Law Review, Vol. 58, No. 2, November 2005
Constitutional Rules, Constitutional Standards, and Constitutional Settlement: Marbury V. Madison and the Case for Judicial Supremacy
Alexander, Larry.
Constitutional Commentary, Vol. 20, No. 2, Summer 2003
Mass Communication Law and Ethics: A Casebook
Roy L. Moore.
Lawrence Erlbaum Associates, 1999
Librarian’s tip: Discussion of Marbury v. Madison begins on p. 8
Constitutional Law in the Political Process
John R. Schmidhauser.
Rand McNally, 1963
Librarian’s tip: "The Cornerstone of Constitutional Law: The Extraordinary Case of Marbury v. Madison, Part I" begins on p. 51, "Marbury v. Madison, Chief Justice Marshall for the Court" begins on p. 55, and "The Cornerstone of Constitutional Law: The Extraordinary Case o
The Judicial Process
Henry J. Abraham.
Oxford University Press, 1968 (2nd Rev. edition)
Librarian’s tip: "Spelling It Out: Marbury v. Madison" begins on p. 307
The Least Dangerous Branch: The Supreme Court at the Bar of Politics
Alexander M. Bickel.
Bobbs-Merrill, 1962
Librarian’s tip: Discussion of Marbury v. Madison begins on p. 1
Evaluative and Explanatory Reasoning
Stuart S. Nagel.
Quorum Books, 1992
Librarian’s tip: "Deducing Goals in Marbury v. Madison" begins on p. 143
Reflections upon Judicial Independence as We Approach the Bicentennial of Marbury V. Madison: Safeguarding the Constitution's "Crown Jewel"
Rosen, Gerald E.; Harding, Kyle W.
Fordham Urban Law Journal, Vol. 29, No. 3, February 2002
The Marbury Mystery: Why Did William Marbury Sue in the Supreme Court?
Bloch, Susan Low.
Constitutional Commentary, Vol. 18, No. 3, Winter 2001
Judges on Judging: Views from the Bench
David M. O'Brien.
Chatham House Publishers, 1997
Librarian’s tip: Chap. 1 "The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury"
The Judiciary: The Supreme Court in the Governmental Process
Henry J. Abraham.
Wm. C. Brown Publishers, 1991 (8th edition)
Librarian’s tip: Discussion of Marbury v. Madison begins on p. 60
The Supreme Court and the Constitution
Charles A. Beard.
Prentice Hall, 1962
Librarian’s tip: Discussion of Marbury v. Madison begins on p. 112
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