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{{italic title}}'''Marbury v. Madison''' is a famous [[Supreme Court of the United States|Supreme Court]] case that first established [[judicial review]] in the [[United States]].

Following the election of 1800, [[Thomas Jefferson]], a [[Democratic-Republican Party|Democratic-Republican]], was elected [[President of the United States]]. During his time as a [[lame duck]] (after losing the re-election but before leaving office), outgoing President [[John Adams]], a member of the [[Federalist Party]], started giving other Federalists jobs as judges (two types: Circuit Judges and Justices of the Peace).  His party was losing power, but by making Federalists judges that would serve for life, Adams was trying to keep Jefferson and his party from changing things too much. 

All the new judges were approved by the [[United States Senate|Senate]].  [[Secretary of State]] [[John Marshall]], who now had to deliver each judge the document (called a commission) that said he had the judge job. (This is like giving a student a [[diploma]] when he finishes school.) Marshall delivered most of them, but not all as time ran out.  He thought the new Secretary of State would deliver them, because even though the new office holders did not want the new judges,  the new judges were given their jobs legally.  However, President Jefferson made sure the commissions were not delivered. He thought that they would become void if they were not delivered in time.

ehOne of the judges who did not get his commission was  [[William Marbury]].  He sued the new Secretary of State [[James Madison]], wanting his commission.  Marbury asked the Supreme Court to order Madison to deliver the commission. By this time, Marshall had been replaced as Secretary of State and had started in the job of Chief Justice of the Supreme Court.

The Supreme Court made a 4-0 decision.  Chief Justice John Marshall, the former Secretary of State, made a ruling that said that Marbury was entitled to his commission.  However, Marshall said that a law that gave the Supreme Court the power to rule on the case was against the [[United States Constitution]].  Thus, the Supreme Court did not have the power to make Madison give Marbury his commission/administration. This was the first case where the Supreme Court claimed the right to strike down a law if the Supreme Court thought that it was unconstitutional.


Some people say that the power of judicial review in the United States came before ''Marbury'', and that ''Marbury'' was merely the first Supreme Court case to exercise a power that already existed and was acknowledged. These scholars point to statements about judicial review made (1) in the [[Philadelphia Convention|Constitutional Convention]], (2) in the state ratifying conventions, (3) in publications debating ratification, and (4) in court cases before ''Marbury'' that involved judicial review.
[[Category:Law]]

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[[ko:마베리 대 매디슨 사건]]
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[[he:פסק דין מרבורי נגד מדיסון]]
[[ja:マーベリー対マディソン事件]]
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[[ru:Марбери против Мэдисона]]
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