Why does History Matter? Part 2

MARBURY VERSUS MADISON
In the election of 1800, Thomas Jefferson defeated John Adams in race for the presidency. Although Adams lost the election, Thomas Jefferson was not able to take office till 1801 because of the inefficiency of travel at the time. This provided Adams with an opportunity to fill the new courts, created by the Judiciary Act of 1801, with loyal Federalist judges. Not all the commissions for the new judges were able to be delivered on time. The remaining commissions were left in Jefferson's care, and being from the opposing party of Adams naturally decided to not mail out the remaining commissions. William Marbury, a prosperous financier in Maryland, expected a commission to mailed to him, and when he did not receive it, he sued James Madison for withholding his commission. Due to the laws of the time, the case was able to reach the Supreme Court. John Marshall, Chief Justice at the time, found that Madison withholding the commission was illegal and remediable, but the Judiciary Act of 1789, which allowed the case to be brought to the Supreme Court was unconstitutional since it extended the jurisdiction of the court beyond the limits specified in the Constitution. Thus the case was thrown out. The significance of the case was that it gave the Supreme Court the power of "judicial review." Judicial review is the power to review legislative and executive actions by the judicial branch and determine whether they are within the power allotted to them by a higher authority. This case established the Constitution as the highest power in the land and it set the precedent that it is the job of the Supreme Court to interpret the laws of the United States.