Do Now Appoint: 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

A.Jefferson (Republican) defeats Adams (Federalist) in the Election of 1800

Marbury v. Madison 1. 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. Madison 2. 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. Madison b. Jefferson orders James Madison (Secretary of State) not to give out the papers to the judges

Marbury v. Madison 3. William Marbury is one of the judges affected by Jefferson’s decision

Marbury v. Madison a. Marbury demands that the Supreme Court examine the case and force the executive branch to hand out papers

Marbury v. Madison Marbury 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. Madison a. Marshall agrees that Marbury had been treated unfairly AND…..

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

Marbury v. Madison c. 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. 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

Marbury v. Madison 1. Why is the Marbury case so important in the history of the Supreme Court?

Marbury v. Madison The Marbury v. Madison established the right of the Supreme Court to rule on the constitutionality of laws. This is called judicial review.

Marbury v. Madison 2. In what way did the Marbury decision enhance the system of checks and balances provided for in the Constitution?

Marbury v. Madison It 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. Madison 3. 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. Madison On 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. Madison 4. 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. Madison 5. 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.