How was it, meantime, with the judiciary itself? Unfortunately, the
Supreme Court had already been drawn into the quarrel. For, at the
single December term, in 1801, held under the statute of that year, an
application had been made to the court by four persons in the District
of Columbia for a rule upon James Madison, Secretary of State, to show
cause why a writ of mandamus should not issue requiring him to issue to
these persons certain commissions as justice of the peace, which had
been left in Marshall’s office undelivered at the time when he ceased to
add to his present functions those of Secretary of State. They had been
made out, sealed, and signed, and were supposed to have been found by
Madison when he came into office, and to be now withheld by him. This
motion was pending when the court adjourned, in December, 1801. Of
course, a motion for a mandamus to the head of the cabinet, upon a
matter of burning interest, must have attracted no little attention on
the part of the new administration. Abolishing the August term served to
postpone any opportunity for early action by the court, and to remind
the judiciary of the limits of its power.
At last the court came together, in February, 1803, and found the
mandamus case awaiting its action. It is the first one reported at that
term. Since Marshall had taken his seat, there had as yet been only
five reported cases. All the opinions had been given by him, unless a
few lines “by the court” may be an exception; and according to the new
usage by which the Chief Justice became, wherever it was possible, the
sole organ of the court, Marshall now gave the opinion in Marbury _v._
Madison. It may reasonably be wondered that the Chief Justice should
have been willing to give the opinion in such a case, and especially
that he should have handled the case as he did. But he was sometimes
curiously regardless of conventions.
If it be asked what was decided in Marbury _v._ Madison, the answer is
that this, and only this, was decided, namely, that the court had no
jurisdiction to do what they were asked to do in that case (_i. e._ to
grant a writ of mandamus, in the exercise of their original
jurisdiction), because the Constitution allowed to the court no such
power; and, although an act of Congress had undertaken to confer this
jurisdiction on them, Congress had no power to do it, and therefore the
act was void, and must be disregarded by the court.[32] It is the
decision upon this point that makes the case famous; and undoubtedly it
was reached in the legitimate exercise of the court’s power. To this
important part of the case attention will be called in the next chapter.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account