Identify the Correct and Incorrect Statements About Marbury v. Madison

Marbury v. Madison, decided by the Supreme Court in 1803, was a landmark case that established the principle of judicial review in the United States. Here are some common statements about the case, along with their accuracy:

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Table of Contents

Correct Statements

Statement: Marbury v. Madison was the first case in which the Supreme Court declared an act of Congress unconstitutional.
Accuracy: Correct. This was the first time the Court had exercised its power of judicial review, which allows it to strike down laws that conflict with the Constitution.
Statement: The case arose from a dispute over presidential appointments.
Accuracy: Correct. President John Adams had appointed William Marbury as a justice of the peace in the District of Columbia, but the appointment was not delivered before Adams left office.
Statement: The Court ruled that Marbury was entitled to his commission.
Accuracy: Correct. The Court held that Marbury had a legal right to his appointment, as it had been completed before Adams left office.
Statement: The Court ordered President Thomas Jefferson to deliver Marbury his commission.
Accuracy: Incorrect. The Court recognized that Marbury was entitled to his commission, but did not have the power to order the President to deliver it.
Statement: Marbury v. Madison established the principle of separation of powers between the branches of government.
Accuracy: Correct. The case reinforced the idea that each branch of government has its own distinct powers, and that the courts have the authority to check the actions of the other branches.

Incorrect Statements

Statement: Marbury v. Madison was decided unanimously by the Supreme Court.
Accuracy: Incorrect. The Court’s decision was 4-0, with one Justice not participating.
Statement: The case resulted in the impeachment of President Jefferson.
Accuracy: Incorrect. While the case was politically charged, it did not lead to Jefferson’s impeachment.
Statement: Marbury v. Madison established the doctrine of stare decisis, which requires courts to follow precedent.
Accuracy: Incorrect. While the case has been cited as precedent in many subsequent decisions, it did not establish the formal doctrine of stare decisis.
Statement: The Court’s decision was based on the “necessary and proper” clause in Article I of the Constitution.
Accuracy: Incorrect. The Court’s decision was based on the Supremacy Clause in Article VI of the Constitution.
Statement: Marbury v. Madison was the first case to establish the right to judicial review in the United States.
Accuracy: Incorrect. The principle of judicial review had been recognized in earlier cases, but Marbury v. Madison solidified it as a fundamental aspect of the American legal system.

Tables

Table 3: Provisions of the Constitution Cited in Marbury v. Madison
| Provision | Text |
|—|—|
| Article I, Section 8, Clause 18 | “Congress shall have the power…To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof.” |
| Article III, Section 1 | “The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” |
| Article VI, Clause 2 | “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.” |