Chief Justice John Marshall, appointed to the Supreme Court and as Secretary of State by President John Adams, established the basis for judicial review in Marbury v. Madison, 5 U.S. 137 (1803). The conflict began in 1803 when Marshall, in his concurrent role as Secretary of State, left commission papers for John Marbury, appointed by President Adams as a justice of the peace for the District of Columbia. Marshall briefly continued his tenure as Secretary of State under President Thomas Jefferson, until the appointment of James Madison as Secretary of State. Of the opposing party, Madison refused to surrender the commission papers to Marbury; Marbury sued for a writ of mandamus to compel Madison to act.
In his decision, Marshall ruled that the Supreme Court could not compel Madison to turn over the commission. Notably, Marshall ruled that a section of the Judiciary Act of 1789 that permitted Marbury to bring his suit was beyond those powers granted in Article and so was in conflict with the Constitution and, as such, void. Nothing in the Constitution specifically grants review power to the judicial branch. By reviewing the actions of Adams along with the legislation, Marshall established the judiciary branch as equal to the executive and legislative branches.
Read more about Marshall and Marbury v. Madison:
- Nelson, William Edward. Marbury v. Madison: The Origins and Legacy of Judicial Review.
- Goldstone, Lawrence. The Activist: John Marshall, Marbury v. Madison and the Myth of Judicial Review.
We’re pleased to announce that Shirley Qin, J.D. Class of 2016 and a member of the Jackson Inn of Court, is the winner of our 2014 Lawlapalooza drawing for a Kindle Fire. Leslie Lee, Assistant Director for Administrative Services, presented Shirley with the device. Find more information about Lawlapalooza 2014.
What is Discover PLUS, you ask? It’s PLI’s eBook library, which contains all of PLI’s treatises, answer books, course handbooks, program transcripts, and legal forms. We’ve recently subscribed to Practising Law Institute’s Discover PLUS platform and are excited to introduce it to our GW Law students and faculty.
Search the platform or browse an alphabetical title list for content that spans practice areas including environmental law, intellectual property, international law, professional skills, and more.
Come to Lawlapalooza—Feb. 5, 11:00 a.m. – 3:30 p.m., Stockton Hall lounges—to meet our PLI representative to learn more about how you can use this important new resource.
|Date:||Wednesday, February 5, 2014|
|Location:||Stockton Hall Lounges|
Given two thumbs up by the Quibbler, our current display “Harry Potter and the Law” is a tribute to both the laws of J.K. Rowling’s wizarding world and our own muggle laws. Several law review articles are highlighted that discuss mediation, tort theory, and fan fiction in relation to the Harry Potter series. The display also includes two books from our collection on topic – The Law and Harry Potter and Law and Magic: A Collection of Essays.
Be sure to see our new display on the first floor of the law library and remember Ron’s advice:
“Because that’s what Hermione does. When in doubt, go to the library.” ~Ron Weasley, Harry Potter and the Chamber of Secrets
Celebrate Open Access Week , October 21-27, 2013. Join a global community of scholars to learn about the benefits of Open Access– “the free, immediate, online access to the results of scholarly research.” Open Access Week is organized by SPARC, the Scholarly and Academic Resources Coalition. SPARC is an international alliance of research and university libraries working to create a more open system for scholarly communication.
Visit GW Law’s Scholarly Commons to discover our publicly accessible collection of engaged scholarship and public policy.