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🗓️ 17 February 2025
⏱️ 125 minutes
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0:00.0 | I have a story to tell you. It'll take a few minutes, but it is urgently important. |
0:05.4 | 225 years ago, when Thomas Jefferson defeated John Adams in the 1800 presidential election, Adams was not happy. |
0:13.8 | Concerned with what Jefferson would do to the government, Adams and Congress passed a law that created new courts and added judges. |
0:20.7 | It was an attempt by Adams and his party to stack the courts before Jefferson could do much damage. |
0:26.6 | But Jefferson and his crew had a solution. |
0:29.6 | Even though the new judges were approved by the Senate, their positions would not be official until their commissions were delivered by the Secretary of State. |
0:38.0 | So when Jefferson took office, his Secretary of State, James Madison, simply refused to issue the commissions. |
0:45.6 | A man who had been appointed Justice of the Peace for the District of Columbia petitioned the Supreme Court to compel Madison to deliver the documents. |
0:53.5 | That man was named |
0:55.2 | William Marbury, and thus the most famous constitutional case in our history was initiated, |
1:01.5 | the case of Marbury v. Madison. To our eyes, the case seems simple. Congress passed a clear law. |
1:09.4 | The executive is bound by both the Constitution and democratic |
1:13.7 | principles to carry out the law that the people had passed. Couldn't the Supreme Court just order |
1:19.3 | the president to have his Secretary of State deliver the commissions? Here's the thing. The Supreme Court |
1:26.0 | does not have an army. I'll say that again. The Supreme Court does not have an army. It has no enforcement power once it hands down a decision. So what was the court to do? If they came in like a bull in a China shop and started issuing blunt orders, they risked Jefferson refusing to obey them. |
1:47.8 | In such a case, the country would surely fall because without the court to check an executive, |
1:53.8 | Jefferson would be a dictator. On the other hand, if the court rolled over and became Jefferson's |
1:59.1 | lap dog, it would be a Supreme Court name only. |
2:02.3 | And we would still become a de facto dictatorship. The chief justice at the time, William Marshall, |
2:08.5 | came up with a brilliant solution. The court held that, one, the court did have the power to review |
2:15.2 | all of the actions of the other branches of government, but two, |
2:19.0 | Jefferson still won in this case because the provision of the law that enabled Marbury |
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