Case Summary
The case started with the petition filed to the supreme Court on February 11, 1803 by William Marbury. William Marbury had been appointed justice of Peace in the district of Columbia by the president John Adams but whose commission was not later delivered. Marbury petitioned the Supreme court to force the new secretary of State, James Madison, to deliver the remaining documents. Marbury sought mandamus in the supreme court, requiring James Madison to deliver his commission, through this commission Marbury was to be appointed as justice of the peace for Washington County in the District of Columbia. However, it was ruled that Court had no jurisdiction to force the new president Jefferson and Madison to seat Marbury. In writing the decision, John Marshall (Chief justice) argued that acts of congress in line with the …show more content…
Judicial review states that the actions of the executive and legislative branches of the government are subject to review of their acts and possible invalidation of those acts by judicial branch. The purpose of the judicial review is of a check and balance, that is to ensure that public authorities do not act in excess of their powers vested in them by the constitution. Furthermore, in judicial review it is always the legality of the decision that is explored by the courts. The court has to investigate as to whether there was lawful and fair action taken by the public body when reaching its decision. Thus the principle of judicial review vests the power in US Supreme court to review legislative acts and declare such conflicting acts