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The Rise of the US Supreme Court

At first, Americans were not sure how important the Supreme Court would be. Not very, some thought.

The court did not even have its own building, but moved from place to place. For a while, it operated out of the U.S. Capitol building in a meeting room lawmakers were not using.

And the position of Supreme Court justice was not highly valued.

One of the first justices, John Jay, resigned from the Supreme Court to become the governor of New York. Later, the president asked Jay to return to the high court. Jay said no. The idea of the federal judiciary had too many problems, he said. He did not think the Supreme Court could ever earn the public’s trust.

So the president at the time, John Adams, asked someone else, John Marshall, to be a Supreme Court justice.

That decision turned out to be very important. During his 34 years in office, beginning in 1801, John Marshall helped shape and strengthen the Supreme Court. One of his most historic decisions came in 1803. That year, Marshall wrote the opinion on a case called Marbury versus Madison.

The case related to a man named William Marbury. He had been offered a government job at the last minute by an outgoing president. The new president and his secretary of state, Thomas Jefferson and James Madison, did not want to give Marbury the position for political reasons. But Marbury believed an earlier act of Congress required the president to appoint him. So Marbury took the dispute all the way to the Supreme Court.

The justices at the time agreed that Marbury should get the job. But they did not order Jefferson and Madison to give it to him. Instead, the justices believed, the earlier act of Congress violated the Constitution. So the whole idea behind Marbury’s case could not be justified.

That decision was historic, not because Marbury lost his case, but because of what it said about the Supreme Court. The chief justice claimed the court’s right to tell the rest of the federal government what the Constitution permits them to do.