POL SCI 1 Chapter Notes - Chapter 9: Marbury V. Madison, Thurgood Marshall, William Marbury
Document Summary
Power transferred peacefully- meant 1800 election didn"t weaken constitution permanently; failure here would have put constitution"s integrity into question. Federalists control courts, dem-reps control presidency and congress. Judicial review power implicit in article iii, assumed for state laws, but never decided whether could declare act of congress unconstitutional. Feb 3 1802- congress repeals judiciary act and eliminates federalist judgeships. 1803- court rules that congress has authority under article iii to reorganize the judiciary (stuart v laird: john marshall lone holdout against partisan machinations. William marbury denied commissions by jefferson and wrote to scotus for redress marbury v madison: writ of mandamus- judicial instruction to government officer to perform duty and deliver commissions, no-win case for the marshall-led court. If court ruled in favor of marbury and ordered madison to deliver commissions, administration could ignore it or impeach the court. If marshall ruled against marbury, court would kowtow to dem-reps and confirm its subordinate position.
