A Thought on Marshall

Understanding Marshall – Just a thought.

John Marshall’s start on the Supreme Court and the subsequent decision in Marbury v. Madison, is uncontestedly, one of the most influential decisions in our time. Both brilliant and technically too far. From answering the jurisdictional question, to review of the executive, and moreover, to the invalidation of laws that conflict with the baseline assumptions of the Constitution. Yet, Marshall’s decision to deny mandamus relief to Marbury was two-fold in nature. First, and most notably, the fact that then President Jefferson would have ignored the decision all together, may have changed the course of Supreme Court litigation as we know it today. Second, Marshall’s denial of mandamus, or relief, outright, was a way to keep the judicial review aspects alive and well within the opinion. If the decision were not ignored because the outcome was what was expected, then whatever had been written in – granted it was intelligible – would remain. Marshall’s influence on judicial review spanned much further into his past than what we see in Marbury, he was quite fond of the idea and believed that the courts should reach into the realm. He was thinking this well before his time on the court, while working on cases related to debt collection by British citizens against Americans colonials following the Revolutionary war.

Marshall’s idea of judicial review, as expressed in Marbury, is something of an interesting political move. He knew that Madison was on his way out. He knew, had he not been on the Supreme Court, he was on his way out. He had noticed and recognized other impeachments by the legislative branch, and furthermore, knew that had he come out without answering in the positive on judicial review (the power to review and invalidate laws by the legislature), it would have surely been non-existent. He noticed an opportunity to move the goal posts in favor of his political leanings. And, made sure that he could keep the opinion alive by denying mandamus relief to Marbury to appease Jefferson and his party. All the while, thumbing one under the noses of his opponents. Ultimately, the decision had worked out in many regards, but it is debated as to how far the judiciary can go on the decision in Marbury v. Madison.

*Some notes can be directly attributed to Chemerinsky, I am sure, in no way are all thoughts my own. Merely opinions to the case, and readings done for class.*