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Books > Law > Jurisprudence & general issues > Legal history
On the surface, the case itself seems a minor one at best. William
Marbury, a last-minute judicial appointee of outgoing Federalist
president John Adams, demanded redress from the Supreme Court when
his commission was not delivered. But Chief Justice John Marshall
could clearly see the danger his demand posed for a weak court
filled with Federalist judges. Wary of the Court’s standing with
the new Republican administration of Thomas Jefferson, Marshall hit
upon a solution that was both principled and pragmatic. He
determined that while Marbury was justified in his suit, the law on
which his claim was based was in conflict with the Constitution. It
was the first time that the Court struck down an act of Congress as
unconstitutional, thus establishing the doctrine of judicial review
that designates the Court as chief interpreter of the
Constitution.Nelson relates the story behind Marbury and explains
why it is a foundational case for understanding the Supreme Court.
He reveals how Marshall deftly avoided a dangerous political
confrontation between the executive and judicial branches by
upholding the rule of law. Nelson also shows how Marshall managed
to shore up the Court’s prestige and power rather than have it
serve partisan political agendas.
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