Question

As both federal and state courts settle cases involving constitutional questions, they interpret the meaning of the Constitution. This is known as the power of judicial review. The Constitution does not list this power, but it is certain that the Framers intended that the federal courts, and especially the Supreme Court, should have it. The Supreme Court is the final authority on the meaning of the Constitution. Using the power of judicial review, the Court can declare laws and actions of local, state, or national governments to be unconstitutional. The case of Marbury vs. Madison in 1803 established the Supreme Court’s power of judicial review. Consider this case and be prepared to explain how it established the Supreme Court’s power of judicial review. The answer is in paragraph form and at least seven sentences long.

Answer 1

John Adams tried to game the process and nominated Marbury to a post in the final hours of Adams' administration. The hitch was that the Secretary of State had to deliver a commission to make it official. Thomas Jefferson's Secretary of State, James Madison (future President), refused to deliver the commission. Marbury, who was denied the post, sued. The outcome of the case is a little murky for the casual reader, though. In essence, Marbury still got hosed. He was told that he should have received the commission and that Madison was wrong but that the actual act by which he was nominated wasn't properly constructed. So, the Supreme Court won the day by reviewing the actions of the other branches and poor Marbury got nothing.