More than 200 years ago, the Supreme Court handed down a decision that was destined to change the landscape of American politics and send generations of befuddled first-year law students scurrying to their legal dictionaries. Everyone knows Marbury v. Madison as the case in which the court first asserted the power to declare acts of Congress and the president unconstitutional.
What’s less well known is that the defendants in Marbury (Secretary of State James Madison and, by extension, President Thomas Jefferson) got off on a technicality. In its first great clash with the president, the court concluded that it had no jurisdiction—no power, in other words, to award relief to the plaintiff.
But all of this was by design. John Marshall, the brilliant but unassuming chief justice, always intended to use Marbury to hand his cousin [REALLY?] and arch-foe Jefferson a narrow legal victory while dealing him a long-lasting political blow. By lecturing Jefferson about his legal duties, Marshall put the president in his place. (Ours is “a government of laws, and not of men.”) And by laying the foundation for judicial review, Marshall carved out a prominent new place for the court. Most important, Marshall did all of this without ordering Madison or Jefferson to actually do anything. No wonder historian Robert McCloskey called Marbury “a masterwork of indirection.”
