Explain the difference between the majority opinion and the concurring opinion of Marbury v. Madison?

Answer 1

The Court only issued one opinion in Marbury v. Madison, (1803), which was authored by John Marshall. Earlier Courts typically released per seriatim (Latin: in sequence) opinions, meaning each justice expressed his individual view and reasoning.

Oliver Ellsworth, third Chief Justice of the United States, began the practice of writing a single opinion for each case. In Ellsworth's absence, which was relatively frequent due to his poor health, the remaining members of the Court often issued per seriatim opinions. But when Ellsworth was present for arguments, he usually wrote and delivered the opinion himself.

John Marshall continued the single-opinion practice when he became the fourth Chief Justice, in 1801. Marshall believed issuing one unified decision strengthened the Court and resulted in less confusion in setting precedent. A few cases on the Marshall Court generated dissenting opinions, but Marbury was decided by a unanimous vote of 4-0. (Justices Cushing and Moore took no part in the decision due to illness during oral arguments.)


For more information about Marbury v. Madison, see Related Questions, below.