Tag: History

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March 5 is the 64th day of the year (65th in leap years) in the Gregorian calendar. There are 301 days remaining until the end of the year.

On this day in 1770, a mob of angry colonists gathers at the Customs House in Boston and begins tossing snowballs and rocks at the lone British soldier guarding the building. The protesters opposed the occupation of their city by British troops, who were sent to Boston in 1768 to enforce unpopular taxation measures passed by a British parliament without direct American representation.

The Incident

The event began on King Street, today known as State Street, in the early evening of March 5, in front of Private Hugh White, a British sentry, as he stood duty outside the Custom house. A young wigmaker’s apprentice named Edward Gerrish called out to a British officer, Captain Lieutenant John Goldfinch, that Goldfinch had not paid the bill of Gerrish’s master. Goldfinch had in fact settled his account and ignored the insult. Gerrish departed, but returned a couple of hours later with companions. He continued his complaints, and the civilians began throwing rocks at Goldfinch. Gerrish exchanged insults with Private White, who left his post, challenged the boy, and struck him on the side of the head with a musket. As Gerrish cried in pain, one of his companions, Bartholomew Broaders, began to argue with White. This attracted a larger crowd.

As the evening progressed, the crowd grew larger and more boisterous. The mob grew in size and continued harassing Private White. As bells, which usually signified a fire, rang out from the surrounding steeples, the crowd of Bostonians grew larger and more threatening. Over fifty of the Bostonian townsmen gathered and provoked White and Goldfinch into fight. As the crowd began to get larger, the British soldiers realized that the situation was about to explode. Private White left his sentry box and retreated to the Custom House stairs with his back to a locked door. Nearby, from the Main Guard, the Officer of the Day, Captain Thomas Preston, watched this situation escalate and, according to his account, dispatched a non-commissioned officer and seven or eight soldiers of the 29th Regiment of Foot, with fixed bayonets, to relieve White. He and his subordinate, James Basset, followed soon afterward. Among these soldiers were Corporal William Wemms (apparently the non-commissioned officer mentioned in Preston’s report), Hugh Montgomery, John Carroll, James Hartigan, William McCauley, William Warren and Matthew Kilroy. As this relief column moved forward to the now empty sentry box, the crowd pressed around them. When they reached this point they loaded their muskets and joined with Private White at the custom house stairs. As the crowd, estimated at 300 to 400, pressed about them, they formed a semicircular perimeter.

The crowd continued to harass the soldiers and began to throw snow balls and other small objects at the soldiers. Private Hugh Montgomery was struck down onto the ground by a club wielded by Richard Holmes, a local tavernkeeper. When he recovered to his feet, he fired his musket, later admitting to one of his defense attorneys that he had yelled “Damn you, fire!” It is presumed that Captain Preston would not have told the soldiers to fire, as he was standing in front of the guns, between his men and the crowd of protesters. However, the protesters in the crowd were taunting the soldiers by yelling “Fire”. There was a pause of indefinite length; the soldiers then fired into the crowd. Their uneven bursts hit eleven men. Three Americans – ropemaker Samuel Gray, mariner James Caldwell, and a mixed race sailor named Crispus Attucks – died instantly. Seventeen-year-old Samuel Maverick, struck by a ricocheting musket ball at the back of the crowd, died a few hours later, in the early morning of the next day. Thirty-year-old Irish immigrant Patrick Carr died two weeks later. To keep the peace, the next day royal authorities agreed to remove all troops from the centre of town to a fort on Castle Island in Boston Harbor. On March 27 the soldiers, Captain Preston and four men who were in the Customs House and alleged to have fired shots, were indicted for murder.

The Trial of the Soldiers

At the request of Captain Preston and in the interest that the trial be fair, John Adams, a leading Boston Patriot and future President, took the case defending the British soldiers.

In the trial of the soldiers, which opened November 27, 1770, Adams argued that if the soldiers were endangered by the mob, which he called “a motley rabble of saucy boys, negroes, and molattoes, Irish teagues and outlandish jack tarrs,” they had the legal right to fight back, and so were innocent. If they were provoked but not endangered, he argued, they were at most guilty of manslaughter. The jury agreed with Adams and acquitted six of the soldiers. Two of the soldiers were found guilty of manslaughter because there was overwhelming evidence that they fired directly into the crowd, however Adams invoked Benefit of clergy in their favor: by proving to the judge that they could read by having them read aloud from the Bible, he had their punishment, which would have been a death sentence, reduced to branding of the thumb in open court. The jury’s decisions suggest that they believed the soldiers had felt threatened by the crowd. Patrick Carr, the fifth victim, corroborated this with a deathbed testimony delivered to his doctor.

Three years later in 1773, on the third anniversary of the incident, John Adams made this entry in his diary:

The Part I took in Defence of Cptn. Preston and the Soldiers, procured me Anxiety, and Obloquy enough. It was, however, one of the most gallant, generous, manly and disinterested Actions of my whole Life, and one of the best Pieces of Service I ever rendered my Country. Judgment of Death against those Soldiers would have been as foul a Stain upon this Country as the Executions of the Quakers or Witches, anciently. As the Evidence was, the Verdict of the Jury was exactly right.

“This however is no Reason why the Town should not call the Action of that Night a Massacre, nor is it any Argument in favour of the Governor or Minister, who caused them to be sent here. But it is the strongest Proofs of the Danger of Standing Armies.

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March 4 is the 63rd day of the year (64th in leap years) in the Gregorian calendar. There are 302 days remaining until the end of the year.

In this day in 1933, at the height of the Great Depression, Franklin Delano Roosevelt is inaugurated as the 32nd president of the United States. In his famous inaugural address, delivered outside the east wing of the U.S. Capitol, Roosevelt outlined his “New Deal”–an expansion of the federal government as an instrument of employment opportunity and welfare–and told Americans that “the only thing we have to fear is fear itself.” Although it was a rainy day in Washington, and gusts of rain blew over Roosevelt as he spoke, he delivered a speech that radiated optimism and competence, and a broad majority of Americans united behind their new president and his radical economic proposals to lead the nation out of the Great Depression.

The only American president elected to more than two terms, he forged a durable coalition that realigned American politics for decades. FDR defeated incumbent Republican Herbert Hoover in November 1932, at the depths of the Great Depression. FDR’s combination of optimism and activism contributed to reviving the national spirit. Working closely with Winston Churchill and Joseph Stalin in leading the Allies against Germany and Japan in World War II, he died just as victory was in sight.

Starting in his “first hundred days” in office, which began March 4, 1933, Roosevelt launched major legislation and a profusion of executive orders that gave form to the New Deal, a complex, interlocking set of programs designed to produce relief (especially government jobs for the unemployed), recovery (of the economy), and reform (through regulation of Wall Street, banks and transportation). The economy improved rapidly from 1933 to 1937, but then went into a deep recession. The bipartisan Conservative Coalition that formed in 1937 prevented his packing the Supreme Court or passing much new legislation; it abolished many of the relief programs when unemployment practically ended during World War II. Most of the regulations on business were ended about 1975-85, except for the regulation of Wall Street by the Securities and Exchange Commission, which still exists. Along with several smaller programs, major surviving programs include the Federal Deposit Insurance Corporation, which was created in 1933, and Social Security, which Congress passed in 1935.

As World War II loomed after 1938, with the Japanese invasion of China and the aggressions of Nazi Germany, FDR gave strong diplomatic and financial support to China and Britain, while remaining officially neutral. His goal was to make America the “Arsenal of Democracy” which would supply munitions to the Allies. In March 1941, Roosevelt, with Congressional approval, provided Lend-Lease aid to the countries fighting against Nazi Germany with Great Britain. He secured a near-unanimous declaration of war against Japan after the Japanese attack on Pearl Harbor on December 7, 1941, calling it a “date which will live in infamy“. He supervised the mobilization of the US economy to support the Allied war effort. Unemployment dropped to 2%, relief programs largely ended, and the industrial economy grew rapidly to new heights as millions of people moved to new jobs in war centers, and 16 million men (and 300,000 women) were drafted or volunteered for military service.

Roosevelt dominated the American political scene, not only during the twelve years of his presidency, but for decades afterward. He orchestrated the realignment of voters that created the Fifth Party System. FDR’s New Deal Coalition united labor unions, big city machines, white ethnics, African Americans and rural white Southerners. Roosevelt’s diplomatic impact also resonated on the world stage long after his death, with the United Nations and Bretton Woods as examples of his administration’s wide-ranging impact. Roosevelt is consistently rated by scholars as one of the greatest U.S. Presidents.

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March 3 is the 62nd day of the year (63rd in leap years) in the Gregorian calendar. There are 303 days remaining until the end of the year.

On this day in 1887, Anne Sullivan begins teaching six-year-old Helen Keller, who lost her sight and hearing after a severe illness at the age of 19 months. Under Sullivan’s tutelage, including her pioneering “touch teaching” techniques, the previously uncontrollable Keller flourished, eventually graduating from college and becoming an international lecturer and activist. Sullivan, later dubbed “the miracle worker,” remained Keller’s interpreter and constant companion until the older woman’s death in 1936.

Sullivan, age 20, arrived at Ivy Green, the Keller family estate, in 1887 and began working to socialize her wild, stubborn student and teach her by spelling out words in Keller’s hand. Initially, the finger spelling meant nothing to Keller. However, a breakthrough occurred one day when Sullivan held one of Keller’s hands under water from a pump and spelled out “w-a-t-e-r” in Keller’s palm. Keller went on to learn how to read, write and speak. With Sullivan’s assistance, Keller attended Radcliffe College and graduated with honors in 1904.

Helen Keller became a public speaker and author; her first book, “The Story of My Life” was published in 1902. She was also a fundraiser for the American Foundation for the Blind and an advocate for racial and sexual equality, as well as socialism. From 1920 to 1924, Sullivan and Keller even formed a vaudeville act to educate the public and earn money. Helen Keller died on June 1, 1968, at her home in Westport, Connecticut, at age 87, leaving her mark on the world by helping to alter perceptions about the disabled.

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March 2 is the 61st day of the year (62nd in leap years) in the Gregorian calendar. There are 304 days remaining until the end of the year.

On this day in 1836, the Republic of Texas declares its independence as in a nation from Mexico.

Formed as a break-away republic from Mexico by the Texas Revolution, the state claimed borders that encompassed an area that included all of the present U.S. state of Texas, as well as parts of present-day New Mexico, Oklahoma, Kansas, Colorado, and Wyoming based upon the Treaties of Velasco between the newly created Texas Republic and Mexico. The eastern boundary with the United States was defined by the Adams-Onís Treaty between the United States and Spain, in 1819. Its southern and western-most boundary with Mexico was under dispute throughout the existence of the Republic, with Texas claiming that the boundary was the Rio Grande, and Mexico claiming the Nueces River as the boundary. This dispute would later become a trigger for the Mexican-American War, after the annexation of Texas by the United States.

Establishment

The Republic of Texas was created from part of the Mexican state Coahuila y Tejas. Mexico was in turmoil as leaders attempted to determine an optimal form of government. In 1835, when President Antonio Lopez de Santa Anna abolished the Constitution of 1824, granting himself enormous powers over the government, wary colonists in Texas began forming Committees of Correspondence and Safety. A central committee in San Felipe de Austin coordinated their activities. In the Mexican interior, several states revolted against the new centralist policies. The Texas Revolution officially began on October 2, 1835, in the Battle of Gonzales. Although the Texians originally fought for the reinstatement of the Constitution of 1824, by 1836 the aim of the war had changed. The Convention of 1836 declared independence on March 2, 1836, and officially formed the Republic of Texas.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

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March 1 is the 60th day of the year (61st in leap years) in the Gregorian calendar. There are 305 days remaining until the end of the year.

On this day in 1961, President John F. Kennedy issues Executive Order #10924, establishing the Peace Corps as a new agency within the Department of State. The same day, he sent a message to Congress asking for permanent funding for the agency, which would send trained American men and women to foreign nations to assist in development efforts. The Peace Corps captured the imagination of the U.S. public, and during the week after its creation thousands of letters poured into Washington from young Americans hoping to volunteer.

The Peace Corps is an American volunteer program run by the United States Government, as well as a government agency of the same name. The mission of the Peace Corps includes three goals: providing technical assistance, helping people outside the United States to understand U.S. culture, and helping Americans understand the cultures of other countries. Generally, the work is related to social and economic development. Each program participant, (aka Peace Corps Volunteer), is an American citizen, typically with a college degree, who works abroad for a period of 24 months after three months of training. Volunteers work with governments, schools, non-profit organizations, non-government organizations, and entrepreneurs in education, hunger, business, information technology, agriculture, and the environment. After 24 months of service, volunteers can request an extension of service.

Kennedy appointed his brother-in-law Sargent Shriver to be the program’s first director. Shriver fleshed out the organization with the help of Warren Wiggins and others. Shriver and his think tank outlined the organization’s goals and set the initial number of volunteers. The program began recruiting in July, 1962.

Until about 1967, applicants had to pass a placement test that tested “general aptitude” (knowledge of various skills needed for Peace Corps assignments) and language aptitude. After an address from Kennedy, who was introduced by Rev. Russell Fuller of Memorial Christian Church, Disciples of Christ, on August 28, 1961, the first group of volunteers left for Ghana and Tanzania. The program was formally authorized by Congress on September 22, 1961, and within two years over 7,300 volunteers were serving in 44 countries. This number increased to 15,000 in June 1966, the largest number in the organization’s history.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

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February 28 is the 59th day of the year in the Gregorian calendar. There are 306 days remaining until the end of the year (307 in leap years)

On this day in 1953, Cambridge University scientists James D. Watson and Frances H.C. Crick announce that they have determined the double-helix structure of DNA, the molecule containing human genes.

History of DNA research

DNA was first isolated by the Swiss physician Friedrich Miescher who, in 1869, discovered a microscopic substance in the pus of discarded surgical bandages. As it resided in the nuclei of cells, he called it “nuclein”. In 1919, Phoebus Levene identified the base, sugar and phosphate nucleotide unit. Levene suggested that DNA consisted of a string of nucleotide units linked together through the phosphate groups. However, Levene thought the chain was short and the bases repeated in a fixed order. In 1937 William Astbury produced the first X-ray diffraction patterns that showed that DNA had a regular structure.

In 1928, Frederick Griffith discovered that traits of the “smooth” form of the Pneumococcus could be transferred to the “rough” form of the same bacteria by mixing killed “smooth” bacteria with the live “rough” form. This system provided the first clear suggestion that DNA carries genetic information, the Avery-MacLeod-McCarty experiment, when Oswald Avery, along with coworkers Colin MacLeod and Maclyn McCarty, identified DNA as the transforming principle in 1943. DNA’s role in heredity was confirmed in 1952, when Alfred Hershey and Martha Chase in the Hershey-Chase experiment showed that DNA is the genetic material of the T2 phage.

In 1953, James D. Watson and Francis Crick suggested what is now accepted as the first correct double-helix model of DNA structure in the journal Nature. Their double-helix, molecular model of DNA was then based on a single X-ray diffraction image (labeled as “Photo 51”) taken by Rosalind Franklin and Raymond Gosling in May 1952, as well as the information that the DNA bases are paired – also obtained through private communications from Erwin Chargaff in the previous years. Chargaff’s rules played a very important role in establishing double-helix configurations for B-DNA as well as A-DNA.

Experimental evidence supporting the Watson and Crick model were published in a series of five articles in the same issue of Nature. Of these, Franklin and Gosling’s paper was the first publication of their own X-ray diffraction data and original analysis method that partially supported the Watson and Crick model; this issue also contained an article on DNA structure by Maurice Wilkins and two of his colleagues, whose analysis and in vivo B-DNA X-ray patterns also supported the presence in vivo of the double-helical DNA configurations as proposed by Crick and Watson for their double-helix molecular model of DNA in the previous two pages of Nature. In 1962, after Franklin’s death, Watson, Crick, and Wilkins jointly received the Nobel Prize in Physiology or Medicine. However, Nobel rules of the time allowed only living recipients, but a vigorous debate continues on who should receive credit for the discovery.

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February 27 is the 58th day of the year in the Gregorian calendar. There are 307 days remaining until the end of the year (308 in leap years).

On this day in 1827, New Orleanians take to the streets for Mardi Gras with groups of masked and costumed students dance through the streets of New Orleans, Louisiana, marking the beginning of the city’s famous Mardi Gras celebrations.

The celebration of Carnival–or the weeks between Twelfth Night on January 6 and Ash Wednesday, the beginning of the Christian period of Lent–spread from Rome across Europe and later to the Americas. Nowhere in the United States is Carnival celebrated as grandly as in New Orleans, famous for its over-the-top parades and parties for Mardi Gras (or Fat Tuesday), the last day of the Carnival season.

History

The celebration of Mardi Gras was brought to Louisiana by early French settlers. The first record of the holiday being celebrated in Louisiana was at the mouth of the Mississippi River in what is now lower Plaquemines Parish, Louisiana, on March 3, 1699. Iberville, Bienville, and their men celebrated it as part of an observance of Catholic practice.

The starting date of festivities in New Orleans is unknown. An account from 1743 notes that the custom of Carnival balls was already established. Processions and wearing of masks in the streets on Mardi Gras took place. They were sometimes prohibited by law, and were quickly renewed whenever such restrictions were lifted or enforcement waned. In 1833 Bernard Xavier de Marigny de Mandeville, a rich plantation owner of French descent, raised money to fund an official Mardi Gras celebration.

James R. Creecy in his book Scenes in the South, and Other Miscellaneous Pieces describes New Orleans Mardi Gras in 1835:

   Shrove Tuesday is a day to be remembered by strangers in New Orleans, for that is the day for fun, frolic, and comic masquerading. All of the mischief of the city is alive and wide awake in active operation. Men and boys, women and girls, bond and free, white and black, yellow and brown, exert themselves to invent and appear in grotesque, quizzical, diabolic, horrible, strange masks, and disguises. Human bodies are seen with heads of beasts and birds, beasts and birds with human heads; demi-beasts, demi-fishes, snakes’ heads and bodies with arms of apes; man-bats from the moon; mermaids; satyrs, beggars, monks, and robbers parade and march on foot, on horseback, in wagons, carts, coaches, cars, etc., in rich confusion, up and down the streets, wildly shouting, singing, laughing, drumming, fiddling, fifeing, and all throwing flour broadcast as they wend their reckless way.

On Mardi Gras of 1857, the Mystick Krewe of Comus held its first parade. Comus is the oldest continuously active Mardi Gras organization. It started a number of continuing traditions. It is considered the first Carnival krewe in the modern sense. According to one historian, “Comus was aggressively English in its celebration of what New Orleans had always considered a French festival. It is hard to think of a clearer assertion than this parade that the lead in the holiday had passed from French-speakers to Anglo-Americans. . . .To a certain extent, Americans ‘Americanized’ New Orleans and its Creoles. To a certain extent, New Orleans ‘creolized’ the Americans. Thus the wonder of Anglo-Americans boasting of how their business prowess helped them construct a more elaborate version of the old Creole Carnival. The lead in organized Carnival passed from Creole to American just as political and economic power did over the course of the nineteenth century. The spectacle of Creole-American Carnival, with Americans using Carnival forms to compete with Creoles in the ballrooms and on the streets, represents the creation of a New Orleans culture neither entirely Creole nor entirely American.”

In 1875 Louisiana declared Mardi Gras a legal state holiday. War, economic, political, and weather conditions sometimes led to cancellation of some or all major parades, especially during the American Civil War, World War I and World War II, but the city has always celebrated Carnival.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

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February 26 is the 57th day of the year in the Gregorian calendar. There are 308 days remaining until the end of the year (309 in leap years).

Two national parks preserved, 10 years apart. The two national parks were established in the United States 10 years apart, the Grand Canyon in 1919 and the Grand Tetons in 1929.

The Grand Canyon National Park

U.S. President Theodore Roosevelt visited the Grand Canyon in 1903. An avid outdoorsman and staunch conservationist, he established the Grand Canyon Game Preserve on November 28, 1906. Livestock grazing was reduced, but predators such as mountain lions, eagles, and wolves were eradicated. Roosevelt added adjacent national forest lands and redesignated the preserve a U.S. National Monument on January 11, 1908. Opponents such as land and mining claim holders blocked efforts to reclassify the monument as a U.S. National Park for 11 years. Grand Canyon National Park was finally established as the 17th U.S. National Park by an Act of Congress signed into law by President Woodrow Wilson on February 26, 1919.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

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February 25 is the 56th day of the year in the Gregorian calendar. There are 309 days remaining until the end of the year (310 in leap years).

On this day in Japan, the Plum Blossom Festival is held. The Festival at the Kitano Tenmangu Shrine in Kyoto is one one of the most beautiful. The shrine was built in 947, to appease the angry spirit of bureaucrat, scholar and poet Sugawara no Michizane, who had been exiled as a result of political maneuvers of his enemies in the Fujiwara clan.

The shrine was dedicated to Michizane; and in 986, the scholar-bureaucrat was deified and the title of Tenjin (Heavenly Deity) was conferred.

The grounds are filled with Michizane’s favorite tree, the red and white ume or plum blossom, and when they blossom the shrine is often very crowded. Open-air tea ceremonies are hosted by geiko and apprentice maiko from the nearby Kamishichiken district. The plum festival has been held on the same day every year for about 900 years to mark the death of Michizane.

Sugawara no Michizane, August 1, 845 – March 26, 903, was a scholar, poet, and politician of the Heian Period of Japan. He is regarded as an excellent poet, particularly in Chinese poetry.

He was educated in a private school run by his father where he studies to become an official in the Court of the Japanese Emperor. His training and skill with Classical Chinese language and literature afforded him many opportunities to draft edicts and correspondences for officials in the Court in addition to his menial duties. Records show at this time he composed three petitions for Fujiwara no Yoshifusa as well as the Emperor. Michizane also took part in receiving delegations from the Kingdom of Parhae, where Michizane’s skill with Chinese again proved useful in diplomatic exchanges and poetry exchange. In 877, he was assigned to the Ministry of the Ceremonial, which allowed him to manage educational and intellectual matters more than before. While serving as governor of Sanuki Province, he intervened in a Court matter on the side Emperor Uda over Fujiwara no Mototsune and at the end of his term returned to the Court in Kyoto where he served in many positions.

He was appointed ambassador to China in the 890s, but instead came out in support of abolition of the imperial embassies to China in 894, theoretically in consideration for the decline of the Tang Dynasty. A potential ulterior motive may have lain in Michizane’s almost complete ignorance of spoken Chinese; most Japanese at the time only read Chinese, and knew little to nothing about the spoken language. Michizane, as the nominated ambassador to China, would have been presented with a potential loss of face had he been forced to depend on an interpreter. Emperor Uda stopped the practice of sending ambassadors to China by what he understood as persuasive counsel from  Michizane.

Within the end of Emperor Uda reign in 897, Michizane’s position became increasingly vulnerable. In 901, through the political maneuverings of his rival, Fujiwara no Tokihira, Michizane was demoted from his aristocratic rank of junior second to a minor official post at Dazaifu, in Kyushu‘s Chikuzen Province. After his lonely death, plague and drought spread and sons of Emperor Daigo died in succession. The Imperial Palace’s Great Audience Hall (shishinden) was struck repeatedly by lightning, and the city experienced weeks of rainstorms and floods. Attributing this to the angry spirit of the exiled Sugawara, the imperial court built a Shinto shrine called Kitano Tenman-gu in Kyoto, and dedicated it to him. They posthumously restored his title and office, and struck from the record any mention of his exile. Sugawara was deified as Tenjin-sama, or kami of scholarship. Today many Shinto shrines in Japan are dedicated to him.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

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February 24 is the 55th day of the year in the Gregorian calendar. There are 310 days remaining until the end of the year (311 in leap years).

On this day in 1803, the Supreme Court, led by Chief Justice John Marshall, decides the landmark case of William Marbury versus James Madison, Secretary of State of the United States and confirms the legal principle of judicial review–the ability of the Supreme Court to limit Congressional power by declaring legislation unconstitutional–in the new nation.

Marbury v. Madison is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in the world that a court invalidated a law by declaring it “unconstitutional.”

This case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force Secretary of State James Madison to deliver the documents, but the court, with John Marshall as Chief Justice, denied Marbury’s petition, holding that the part of the statute upon which he based his claim, the Judiciary Act of 1789, was unconstitutional.

Marbury v. Madison was the first time the Supreme Court declared something “unconstitutional,” and established the concept of judicial review in the U.S. (the idea that courts may oversee and nullify the actions of another branch of government). The landmark decision helped define the “checks and balances” of the American form of government.

The Issue

There are three ways a case can be heard in the Supreme Court: (1) filing directly in the Supreme Court; (2) filing in a lower federal court, such as a district court, and appealing all the way up to the Supreme Court; (3) filing in a state court, appealing all the way up through the state’s highest courts, and then appealing to the Supreme Court on an issue of federal law. The first is an exercise of the Court’s original jurisdiction; the second and third are exercises of the Supreme Court’s appellate jurisdiction.

Because Marbury filed his petition for the writ of mandamus directly in the Supreme Court, the Court needed to be able to exercise original jurisdiction over the case in order to have the power to hear it.

Marbury’s argument is that in the Judiciary Act of 1789, Congress granted the Supreme Court original jurisdiction over petitions for writs of mandamus. This raises several issues that the Supreme Court had to address:

Does Article III of the Constitution create a “floor” for original jurisdiction, which Congress can add to, or does it create an exhaustive list that Congress can’t modify at all?

If Article III’s original jurisdiction is an exhaustive list, but Congress tries to modify it anyway, who wins that conflict, Congress or the Constitution?

And, more importantly, who is supposed to decide who wins?

In its answer to this last question, the Supreme Court formalizes the notion of judicial review. In short, the constitutional issue on which Marbury v. Madison was decided was whether Congress could expand the original jurisdiction of the Supreme Court.