When did Chief Justice John Marshall declare part of a judiciary act unconstitutional?

Answer 1

Marbury v. Madison, 5 US 137 (1803)

In the case of Marbury v. Madison, (1803), the Marshall Court declared a portion of the Judiciary Act of 1789 unconstitutional.

The Judiciary Act of 1789, which extended to the Supreme Court original jurisdiction over issuing writs of mandamus (a court order requiring an official to take - or refrain from taking - an action within his or her scope of authority). The Court declared that portion of the Act, Section 13, unconstitutional because the Constitution did not specify issuing writs of mandamus as one of the Supreme Court's areas of original jurisdiction. According to Marshall, Congress had overreached its authority by attempting to make the Court responsible for all writs of mandamus.

Chief Justice Marshall determined that reviewing acts of the Legislative and Executive branches was within the Court's appellate jurisdiction, and that declaring laws unconstitutional and overturning legislation was within the scope of its authority.

As a result of this reasoning, the Court declared it did not have the authority to compel James Madison to deliver Marbury's commission, allowing him to take office as justice of the peace of the District of Columbia.

Some Constitutional scholars argue that Article III, Section 2 of the Constitution should be interpreted to include issuing writs of mandamus to government officials, based on this sentence:

"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction."

The argument, in this case, is that James Madison should be considered a "public minister."

Marshall's decision may have been based as much in politics as in the letter of law. By declaring Section 13 of the Judiciary Act of 1789 unconstitutional, he avoided a direct confrontation with President Jefferson that might have weakened the power of the Judicial branch.

Answer 2

Chief Justice John Marshall found Section 13 of the Judiciary Act of 1789 unconstitutional because Congress had assigned the Supreme Court original jurisdiction over writs of mandamus (a court order compelling someone to take an action for which he or she is legally responsible) for government officials, a power he stated was not authorized by Article III of the Constitution.

Answer 3

Fourth Chief Justice John Marshall declared Section 13 (not the entire Act) of the Judiciary Act of 1789 unconstitutional in the opinion of the US Supreme Court case Marbury v. Madison, 5 US 137 (1803).

For more information, see Related Questions, below.

Answer 4

The Judiciary Act of 1789 gave the Supreme Court jurisdiction, but the Marshall court ruled the Act of 1789 to be an unconstitutional extension of judiciary power into the realm of the executive.

Answer 5

Chief Justice John Marshall declared Section 13 of the Judiciary Act of 1789 unconstitutional in his February 1803 opinion for the Marbury v. Madison case.

Answer 6

Marbury vs. Madison