The case arose from a political dispute: outgoing President John Adams appointed several "midnight judges" in the final hours of his administration, but some commissions were not delivered. Chief Justice John Marshall faced a dilemma: if the Court ordered Madison to act and the President ignored it, the Court would look powerless; if the Court did nothing, it would appear complicit.
Historical Source Of Judicial Review Power
The power of judicial review, the authority of courts to invalidate laws and executive actions that conflict with a constitution, is not explicitly mentioned in the founding documents of the United States. They viewed their colonial charters as foundational legal documents that granted rights and established governance.
The Ruling and Its Rationale Marshall's masterstroke was to rule that while Marbury was entitled to his commission, the specific legal remedy he sought—a writ of mandamus—was unconstitutional. This created a practical environment where the idea of a law being invalid due to a higher legal standard was not just theoretical, but a matter of urgent political survival.
Historical Source Of Judicial Review Power
When Thomas Jefferson took office, he ordered his Secretary of State, James Madison, not to deliver them. Thinkers like John Locke argued that government derived its power from the consent of the governed and was bound by a social contract.
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