Do NowAppoint: to assign a job or role to someone

Commission papers: an order to authorize something

Writ of mandamus: an order from a court that some action be performed

Marbury v. Madison

Marbury v. MadisonA. Jefferson (Republican) defeats

Adams (Federalist) in the Election of 1800

Marbury v. Madison1. On his last day, Adams fills courts

with as many Federalist judges as possible

They were called “midnight judges” - Adams waited until 9 o’clock on his last night as

President to appoint them.

Marbury v. Madison2. Jefferson becomes President the

next day but some of Adams’ judges have not yet received their official forms

a. Jefferson says they cannot be judges

Marbury v. Madisonb. Jefferson orders James

Madison (Secretary of State) not to give out the papers to the judges

Marbury v. Madison3. William Marbury is one of the

judges affected by Jefferson’sdecision

Marbury v. Madisona. Marbury demands that the

Supreme Court examine the case and force the executive

branch to hand out papers

Marbury v. MadisonMarbury says Judiciary Act of 1789 gives the Supreme Court the right to do this

What was Judiciary Act of 1789?Created federal court system with 3 levels and outlined the powers of each – district, court of appeals, Supreme Court

4. John Marshall, the chief justice and a Federalist, listens to Marbury’s case

Marbury v. Madison

How do you think Jefferson reacted?How do you think Marshall reacted?

Marbury v. Madisona. Marshall agrees that

Marbury had been treated unfairly

AND…..

Marbury v. Madisonb. Judiciary Act would allow SC

to force Madison into making

Marbury a judge

BUT….

Marbury v. Madisonc. Marshall has to decide is this

constitutional or unconstitutional?

Marbury v. Madison- Marshall decides that forcing the

government to make Marbury judge would be unconstitutional

Marbury v. Madison5. Marshall’s ruling establishes

Judicial Review - Supreme Court can declare act of Congress unconstitutional

Marbury v. Madison• Judicial review has increased the Supreme Court’s legal authority… making it a much stronger branch

Marbury v. Madison1. Why is the Marbury case so important in the history of the Supreme Court?

Marbury v. MadisonThe Marbury v. Madison established

the right of the Supreme Court to rule on the constitutionality of laws. This is called judicial review.

Marbury v. Madison2. In what way did the Marbury decision enhance the system of checks and balances provided for in the Constitution?

Marbury v. MadisonIt provided a way to check the powers

of Congress and the president, and thus more effectively balanced the powers of all three branches of the federal government.

Marbury v. Madison3. Constitutional scholars have pointed out there is an inconsistency in Justice Marshall’s opinion with respect to what the Constitution specifically provides. What is that inconsistency?

Marbury v. MadisonOn one hand, Marshall declared the

Judiciary Act unconstitutional because the power for Congress to pass such an act was not mentioned in the Constitution. Yet at the same time he believed the Supreme Court had the power to declare a law unconstitutional, even though this power was not specifically mentioned in the constitution.

Marbury v. Madison4. The United States is one of the few countries in which the highest court of the land has the power to declare a law unconstitutional. Do you believe that such a power is of benefit to a country? Explain your answer.

Marbury v. Madison5. Justice John Marshall was a Federalist who believed in a strong national government and certainly moved in this direction with his Marbury ruling. Do you think it is proper for a Supreme Court Justice to allow his or her personal political opinions to influence the rulings of the Court? Explain.