Marbury v. Madison

Background Information (You DO NOT need to write this down ) John Adams Loses Presidential election of 1800 to Thomas Jefferson Now the Legislative and Executive Branch are apart of the Democratic- Republican In a last attempt to tip the scale of power in favor of the Federalist, by appointing 46 Federalist judges in the Supreme Courts. They were called “Midnight Judges” - Adams waited until 9 o’clock on his last night as President to appoint them.

Jefferson Takes Office (You DO need to write this down ) The next day, Jefferson becomes the 3rd President of the U.S. Jefferson finds out about Adams’ “Midnight Judges” and is outraged! Jefferson orders James Madison (Secretary of State) not to give out the commission papers to the judges

William Marbury (You DO need to write this down ) William Marbury, (Federalist) is one of the judges affected by Jefferson’ decision. Marbury doesn’t receive his Commission Papers form John Marshall

Marbury Sues for Commission Papers (You DO need to write this down ) Marbury demands that the Supreme Court examine the case and force the executive branch to hand out papers Marbury sued Jefferson’s Secretary of State, James Madison, to force him to hand over the commission papers.

Marbury’s Defense (You DO need to write this down ) Marbury says Judiciary Act of 1789 gives the Supreme Court the right to demand the Executive branch to hand over the commission papers 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

How do you think Marshall reacted? Marbury v.s. Madison Marbury’s case is then presented to the chief justice, John Marshall. John Marshal is apart of the Federalist Party. How do you think Marshall reacted?

Marshall’s Decision Marshall agrees that Marbury had been treated unfairly AND…..

Marbury v. Madison Judiciary Act would allow Supreme Court to force Madison into making Marbury a judge BUT….

Marbury v. Madison - Marshall decides that forcing the government to make Marbury judge would be unconstitutional

Marbury v. Madison 5. 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