In 1801, the outgoing President John Adams granted William Marbury a commission as a justice of the peace. However, James Madison, the new Secretary of State, refused to deliver it. Consequently, Marbury took legal action to obtain his commission. This case, known as Marbury v. Madison, set an important precedent in American history. Chief Justice John Marshall’s decision established the principle of judicial review, which created a system of checks and balances to prevent any one branch of the Federal Government from becoming too powerful.
According to Chief Justice Marshall, “A Law repugnant to the Constitution is void.” With these words, the Supreme Court for the first time declared a law passed by Congress and signed by the President unconstitutional. Although the Constitution did not explicitly grant the Court this power, Marshall believed that it should have a role equal to that of the other two branches of government.
The framers of the Constitution, James Madison, Alexander Hamilton, and John Jay, emphasized the need for built-in restraints in a strong national government. They argued that the government must have the ability to control the governed and, at the same time, control itself. The Constitution granted Congress the power to impeach and remove officials, including judges and the President. The President, in turn, had the veto power to restrain Congress and the authority to appoint Supreme Court justices with Senate approval. However, the role of the Supreme Court had not been clearly defined. Chief Justice Marshall filled this gap by establishing the principle of judicial review, completing the triangular structure of checks and balances.
Although no other law was declared unconstitutional until the Dred Scott decision of 1857, the principle of judicial review, established by Marshall, remains unchallenged. The Supreme Court continues to have the authority to invalidate federal and state laws that are contrary to the Constitution.
Woodrow Wilson once said, “The Constitution of the United States was not made to fit us like a straitjacket. In its elasticity lies its chief greatness.” The wisdom of the Constitution’s authors was evident in their restraint. They deliberately avoided including too many specifics in the document, opting instead to establish a framework of government with safeguards against the abuse of power. The Marshall decision in Marbury v. Madison completed this system, allowing the United States to enact, interpret, and execute laws to address the complex challenges it faces.
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