What role did the Judiciary Act of 1789 play in the Marbury v Madison case?

Answer 1

The Judiciary Act of 1789 played a vital role in the Marbury v. Madison case, because it gave John Marshall an opportunity to formally establish the right of judicial review when he declare Section 13 of the Act unconstitutional. Judicial review is the ability of a court to evaluate laws, executive orders, treaties and policies relevant to cases before them to determine if the law (etc.) is constitutional. The Court nullifies unconstitutional laws, orders, treaties and policies and renders them unenforceable.

According to Marshall, Congress had exceeded its authority by attempting to extend the Supreme Court's original (trial) jurisdiction beyond the types of cases listed in Article III of the Constitution. Congress was permitted to alter the Supreme Court's appellate (appeals) jurisdiction, but not their original (trial) jurisdiction.

In Section 13 of the Judiciary Act, Congress gave the Supreme Court responsibility for issuing writs of mandamus (a court order compelling an official to take action) against government officials, probably lumping them into the same category as ambassadors and public consuls, a class legitimately part of the Court's original jurisdiction.

Marshall's interpretation was different from Congress', so he overturned Section 13 as unconstitutional and declared writs of mandamus must first be requested through the lower courts. This was the first time the Supreme Court declared an Act of Congress unconstitutional. The action allowed Marshall to formally claim the right of judicial review for the Judicial Branch of government.

The Judiciary Act of 1789 helped the Supreme Court establish an important check on the powers of the Executive and Legislative branches of government.

Case Citation:

Marbury v. Madison, 5 US 137 (1803)