Discuss the Marbury v. Madison case.
What will be an ideal response?
Answers will vary. In Marbury v. Madison, Chief Justice John Marshall clearly enunciated the principle of judicial review, under which the courts can determine that laws or executive actions are unconstitutional. Judicial review has since become an important part of the checks and balances in the American system of government. William Marbury was appointed a judge by President John Adams, a member of the Federalist Party, when Adams was about to leave office. The incoming president, Thomas Jefferson, was leader of the rival Republican Party. Adams sought to pack the judiciary, thus preventing Jefferson from filling judicial posts. James Madison, now secretary of state under Jefferson, refused to issue Marbury's appointment. Marbury sued. Marshall's court found Marbury's suit to be unconstitutional on a technicality, thus resolving a troublesome issue. Under Marshall's leadership, the Supreme Court also established, through the following cases, the superiority of federal authority under the Constitution.
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