This is a timely anniversary date that landed in my lap!
The US Supreme Court heard the arguments for the Marbury v. Madison case on February 11, 1803, and handed down its decision 222 years ago today on February 24, 1803. That’s a quick turn around compared to today’s Supreme Court!
(Photo by Tim Mossholder on Unsplash.)
It isn’t often that one hears a reference made to this US Supreme Court case, but a news commentator on TV mentioned it just 11 days ago and another one mentioned it four or five days ago. I chose Marbury v. Madison for today’s blog post when I created my 2025 editorial calendar last year. Talk about serendipity! Little did I know last fall what a place we would be politically today.
In a nutshell, Marbury v. Madison established the right of the courts to determine constitutionality of the actions of the Executive and Legislative branches of government in the United States.
The three branches of the federal government are equal; however, the Judicial branch has the authority to rein in the other two branches when they take actions deemed to be in conflict with the United States Constitution.
on Unsplash.)
Until January 20, 2025, I took Marbury v. Madison for granted. I will never take it for granted again.
When I started writing today’s post a week ago, I copied what the National Archives website said about Marbury v. Madison and saved it as a Word document in case the National Archives website disappeared. (The USAID website disappeared for a while before being moved to the US State Department website. Incidentally, as I wrote this paragraph on Friday afternoon, a judge ruled that the Trump Administration can proceed to dismantle USAID.) Trump fired the National Archivist about 10 days ago. We historians fear that he or Elon will torch the National Archives. That’s one way to erase history, but I digress. (It is a real fear, though.)
Back to Marbury v. Madison
Quoting the National Archives website (https://www.archives.gov/milestone-documents/marbury-v-madison) because I cannot state the case’s background any better: “In 1801, outgoing President John Adams had issued William Marbury a commission as justice of the peace — but the new Secretary of State, James Madison, refused to deliver it. Marbury then sued to obtain it. With his decision in Marbury v. Madison, Chief Justice John Marshall established the principle of judicial review, an important addition to the system of “checks and balances” created to prevent any one branch of the Federal Government from becoming too powerful.”
Also, quoting from the National Archives website: “‘A Law repugnant to the Constitution is void.’ With these words written by Chief Justice Marshall, the Supreme Court for the first time declared unconstitutional a law passed by Congress and signed by the President.”
I think some folks living and working on Pennsylvania Avenue in Washington, D.C. need to read up on this. We now have a US President who wrote on social media nine days ago, “He who saves his Country does not violate any Law.” It’s up for debate whether he is doing anything to save our country, but the frightening thing is that he has put in writing that he is above the law.
He also said that when it comes to agencies of the Executive Branch only he and the US Attorney General can interpret laws. That might be in conflict with the principle established by Marbury v. Madison.
It is the US Supreme Court that will ultimately decide if the US President does anything that is unconstitutional.
The US Constitution gave the President the power to veto an act of Congress and appoint federal judges with the advice and consent of the US Senate, and it gave Congress the power to impeach the President or a judge. The powers of the Supreme Court were not spelled out in such detail. When Marbury v. Madison came along in 1803, Chief Justice Marshall – who strongly believed that the Supreme Court was equal in power to the Executive and Legislative branches – led the court in seizing the opportunity to establish the principle of Judicial Review.
The US Supreme Court’s authority to declare federal or state laws unconstitutional has never been seriously challenged. I hope that will still be true in 2029.
In case you’re wondering what happened to William Marbury…
With the decision made in the Marbury v. Madison case, the Secretary of State was directed to deliver to William Marbury his commission as a justice of the peace for the county of Washington, in the District of Columbia.
In the big scheme of things, I wonder if the parties involved in this case had any idea going into it that it was destined to be a landmark decision.
In conclusion
I still have freedom of speech and I will continue to use my blog as a platform to share my opinions and my research into the US. Constitution. Those of you who have been reading my blog for more than 10 years know that is nothing new. I just feel more compelled now to blog about the US Constitution.
My college major was political science, and I regret that I only took one Constitutional Law course. In fact, I was so intimidated by the subject that I procrastinated taking the required course until my final quarter. (The university was on the quarter system then instead of the semester system.)
As it turned out, the course was fascinating and I wished I’d taken it earlier so I would have had time to take more constitutional law courses. I readily admit that one constitutional law course does not a constitutional law expert make, but I’m trying to shine a light on the document.
Hurricane Helene Update
As of Friday, 155 roads in North Carolina are still closed due to Hurricane Helene, including Interstate 40 near the Tennessee line. That is a decrease of 14 in the last week, inspite of snow and some sub-zero wind chills. This week’s count consists of 1 interstate highway (I-40), 11 US highways, 17 state highways, and 126 state roads. (To give some perspective, it has now been five months since the hurricane.)
I failed to report in last Monday’s blog post that Eric Church’s foundation, Chief
Cares, has purchased land in Avery County, NC and hopes to place 40 modular homes to house families that lost their homes due to Hurricane Helene. A road must be built and water and sewer lines installed. Church and his foundation hope to secure land in adjoining counties so they can provide more housing for hurricane victims. Church and fellow-country music singer Luke Combs organized and spearheaded a concert at Bank of America Stadium in Charlotte last October to raise money for hurricane relief.
The work of Brother Wolf Animal Rescue and The 21st Century Packhorse Librarian continue and will appreciate your support for the foreseeable future.
Jake Jarvis of Precision Grading in Saluda continues to work in the area every day free-of-charge with his heavy earth-moving equipment. He has built bridges, reconstructed driveways and private roads, and excavated places for homes to be rebuilt. The last couple of weeks have been challenging due to ice, snow, and high winds.
Until my next blog post
I hope you have a good book to read. Next Monday I plan to blog about the books I’ve read in February.
Value your freedoms, family, and friends.
Remember the people of Ukraine and western North Carolina.
Janet
Janet's Writing Blog 
Brilliant article Janet, interesting. Hoping that you have a great day and week. Here our weather has been anticipating spring and it has been quite lovely indeed. Hope your weather is just as good or better.
LikeLiked by 1 person
Thanks, Janet. I had certainly heard about Marbury vs. Madison, but never the importance of that Supreme Court Decision. You do put it into perspective and context.
LikeLike
Thank you, Francis! I hope you have a good week as well. I’m depending on the fact that spring is coming here, too. Some high 60s F. are predicted this week, and I’m ready! I think spring will lift all our spirits. Take care.
LikeLiked by 1 person
Thank you, Pat. I love it when a government or political anniversary date falls in my lap like this one did! Stay strong.
LikeLike
Some days are harder than others. I had a comment from someone apologizing for taking a break from reading my blog because she did not want to hear any more political talk, even if she agreed with it. We had a very nice back and forth on that, with both of us agreeing with each other’s point of view. Another blogger chimed in and proceeded to tell me that he felt something similar, before strongly insinuating that he disagreed with me but would not unsubscribe from my blog because “I was a friend.” Gee thanks, Pal. (I am taking a chance by making those comments here since I am not sure that either blogger also follows your blog.)
LikeLike
Wonderful Janet, I hope it does. All the best.
LikeLike
Judiciary review sounds like a good balance, but the Supreme Court may lean to one side.
LikeLiked by 1 person
Yes, in theory. I have no faith in our present US Supreme Court… or the NC Supreme Court.
LikeLiked by 1 person
Great, well researched article Janet!
LikeLike
I’m torn between hibernating and being glued to the TV. Neither choice is good for me in the long run. Hibernating really isn’t an option for me, although it sounds appealing. I’m sorry you’ve had some unpleasant experiences with a blog reader. One of my readers some 800 miles from NC apparently knows more about Hurricane Helene recovery in western NC than I do. When I pointed out that until a person experiences a natural disaster they really have no clue how it feels. (Although I wasn’t personally affected — physically, at least — by Hurricane Helene, I was directly affected by Hurricane Hugo for months in 1989.) I guess I stepped on his toes. He hasn’t liked or commented on any more of my blog posts. That’s okay. I have a hunch he views politics differently than I. The root of his problem with Hurricane Helene recovery seemed to be the misinformation he was being fed. When people are gullible and rely on one source for their news, this happens. I’d like to say, “This, too, shall pass,” but I’m not convinced it will in my lifetime.
LikeLiked by 1 person
It would be nice if some of those in the halls of power would actually READ the Constitution.
LikeLike
Very sad that someone and something not worth it has destroyed this much of what we would normally take for granted. It’s tearing apart families, friends, and functioning government. The impossible has become the norm and most people don’t seem to care.
LikeLike
Sorry to hear about your thin skinned commenter. They are more comfortable with their misinformation than someone with first hand experience. Sort of like my friend who I doubt has any first hand knowledge of what he thinks he knows.
LikeLike
Yes, it would be helpful.
LikeLiked by 1 person
Each day brings more trauma, drama, and depressing news. Margaret Taylor Green saying that federal employees don’t deserve a paycheck? I think she forgets where her paycheck comes from. And who pays the people that scrub her toilet in the Capitol? And who empties the trash in her office? And who pays the Capitol Police officers who put their lives on the line to protect her on January 6, 2021 and every day of every year the clowns in Georgia keep sending her to Washington? The arrogance!
LikeLike
Thank you so much, Shawnerly!
LikeLiked by 1 person
I admire your bravery in voicing your political views. More people like you are needed in these critical times. Thanks for sharing your views and the historical lessons. Keep up the good work
LikeLike
Thank you, Beverley. You have no idea what your comment means to me! I believe God has given me my little blog as a platform and He expects me to use my voice to draw attention to the wrongs and injustices I see. I never thought I would be in such a position. I don’t know what the ramifications will be, but I pray that God continues to give me the courage and a way to do this. I keep thinking about Esther 4:14. I don’t pretend to have the task that Esther was given, but I do wonder if I was created for a time such as this. I refuse to believe that God is pleased with the track the US government is on now. Turning our backs on the poorest of the poor around the world with the dismantling of USAID and turning our backs on the democratic countries that have been our allies since World War II just goes against the very foundations of my country. President Trump’s policy against Ukraine and praising Russia goes against everything I’ve been taught about my country for my 72 years. Thank you, and God bless you, Beverley.
LikeLiked by 1 person
A very impressive blog, Janet. I cannot believe the things that we hear are happening in your country. (And I have no doubt , there are many things we do not hear about.) I cannot believe how world leaders have put up with Trump’s insults and threats and continue to try to work with him. And.. On top of it all, I cannot believe there are Canadians (some in my own family) who think it would be great if Trump made Canada the 51st state.
LikeLike
Excellent history and Janet I feel exactly the same as you do. It is so scary to think about what Trump is doing to our country. How one man can get away with being a criminal to running the country and do the things he has done makes me sick! There is going to be some serious consequences in the months and year’s ahead.
I’m so sorry you are still feeling the effects of the hurricane. It seems to be progressing slowly but thank God it is getting there. I can’t imagine what it must be like to go through such a devastation. It’s sad that the national news hasn’t broadcasted anything about the hurricane damage that still exists now.
LikeLike
I agree with you. I believe God has raised you up for such a time as this. Very few Christians are willing to speak up against injustices. The popular evangelicals have sold their souls for thirty pieces of silver. It is a shame. I read your posts on Facebook also. I will keep you in my prayers, praying that God will continue to strengthen and protect you. God bless you.
LikeLike
Thank you, Beverley, for being my prayer warrior. You have stated exactly what I think about the popular evangelicals. I know some of them. Some of my cousins even fall into that category, which makes me beyond sad. I do not understand how they have been led astray. They were raised very much like I was, one even in the same Presbyterian congregation as I. It is completely baffling and disturbing. I feel as if I’ve been thrown into the ocean and I don’t know how to swim. I never expected to have to be so vocal to fight for democracy in the US. You said you follow me on Facebook, too. For some unknown reason, I can no longer log into FB on my desktop computer. For now, I can log in on my tablet, but it’s not very satisfactory. I used to post my blog on FB, but lately I’ve not been able to do that. I don’t know what has caused this, and I don’t know how to fix it. That’s frustrating. I don’t want to be as political on FB as I am on Instagram because of the blowback I get on FB from some lifelong friends. Perhaps it’s time for me to get over that and deal with the consequences. I don’t like to argue with people, and I know I am unlikely to change the minds of “friends” who are diehard Trump supporters. I will find my way, one day at a time. Your support and prayers mean more to me than you can imagine, Beverley. God bless you.
LikeLiked by 1 person
Thank you, Diane. What happened in the Oval Office on Friday has knocked the breath out of me. Did you ever in your life imagine such a spectacle with a US President berating the President of a democracy fighting Russia for its very assistance? I watch it unfold in horror. It was like watching the World Trade Centers collapse and the January 5, 2021 attack on the Capitol all over again. How many more such events must we witness in the coming days, months, and years? And how do we ever get out of this horror movie?
I’m not personally in the part of NC that was hammered by Hurricane Helene, but I have loved the mountains all my life (well, after I outgrew car sickness! LOL!) I went to college in the mountains and that end of the state has been a favorite vacation and day-trip destination ever since. I have not been to the area that was heavily damaged yet, but I hope my sister and I will be able to spend some time there this spring and summer as things open up. Winter weather and the continuous recovery efforts have not made for easy or wanted travel. When we go, we will seek out family-owned restaurants and family-owned small businesses and do what we can to help the struggling economy. You will read in my blog post tomorrow how the National Park Service and National Forest Service employee firings are kicking the parks and forests in western NC while they’re already down — while they are still clearing and rebuilding hiking trails and still clearing up literally thousands of trees that came down in the hurricane. The icing on the cake are the wildfires that have broken out this weekend near Asheville and near the Saluda/Tryon area. It’s sort of like what happened in California, and you wonder how much more the people can take. In 1989, Hurricane Hugo came right through where I live near Charlotte. The eye of Hugo passed just west of Charlotte. It was the first time a hurricane had held together with its eye and hurricane-force wind for 200 miles after making landfall. Six months later, we were still dealing with the downed trees. If we’d also had up to 31 inches of rain, like Helene dumped on the mountains, I cannot imagine the damage we would have suffered. The hurricane are getting stronger now and the Trumpers denying it won’t make it so. And now with the firings at NOAA and the National Weather Service, we won’t know when the next hurricane is coming — or the next tornado. Heaven help us. Hang in there, Diane.
LikeLike
Thank you so much for your comment, Anne Marie. I am more appalled by the day by the news. Trump is nothing but an insecure spoiled bully. I can’t believe any Canadian would think it would be good for Canada to become our 51st state! Good grief! What are they thinking? Of course, apparently around half of Americans are happy with what Trump is doing… or they aren’t ready to admit yet that they regret voting for him. They knew he was a snake in the grass, but they voted for him anyway. I’m still in denial he was elected the first time! The firings of thousands of federal employees without regard to what their jobs were! Trump has vilified everyone who works for the government, and that sickens me. I worked in local government for many years as a young adult and I did not see the “lazy and incompetent” people he and his ilk claim that ALL government employees are. Shutting down USAID and pardoning all the insurrectionists from the January 5, 2021 attack on the US Capitol are both absolutely horrible actions he has taken. I’m struggling to try to forgive the people who voted for him. I don’t know if I can. Thank you for your concern. I don’t recognize my country any more and I’m sure no one in the rest of the world recognizes it either.
I’m still not writing down everything I’m eating and drinking, but I do make weekly menus to follow. I’m a stress eater, so this isn’t a very conducive time to try to rein in my snacking! Of course, if I eat like this for four years…. I can’t even fathom this horrible situation lasting for four years. Thanks for letting me blow off steam!
LikeLiked by 1 person
Thank you, Janet. I share your concerns for your country and mine. I understand how you feel about struggling to do what is best for you when these are such stressful times. For me, that gives me all the more reason to do everything in my power to ensure that I am as strong and as healthy as possible. Whether Trump destroys Canada with economics or brute force, our health system will be the first casualty, from there who knows. But I will be as ready as possible – for myself but as much for my husband and my family.
LikeLike
One day I get out and do my walking and I eat right, and then the next day something like that disastrous meeting in the Oval Office on Friday happens and I lose my resolve to be healthy! I know I have to be strong mentally and physically to be part of The Resistance. I’m just still trying to find my way. We knew Trump’s second term would be horrible. We just weren’t mentally prepared for the 24/7 bombardment of Executive Orders and wholesale dismantling of our government. Maybe this will be the week I find my footing and regain control over my health. Thank you, Anne Marie.
LikeLiked by 1 person
God bless you, my friends. I will definitely continue to keep you in my prayers.
LikeLike
Thank you, Beverley. I keep you in my prayers, too.
LikeLiked by 1 person