1. The Story of Judicial Review The Judiciary Act The US Constitution

2. What if…… a school rule was passed that did not allow students to ask any questions during school hours? And……. there was no way to challenge the rule if you thought it was unfair?

3. Constitutional Structure Federal Government – Three Branches Article I Article II Article III Legislative Executive Judicial Article III  Section I: “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish….” Checks and Balances/Separation of Powers.

4. The Judicial Branch Article Three When the U.S. Constitution was written, there were still lots of questions about the judicial branch. In 1789, shortly after the Constitution was ratified, Congress passed the Judiciary Act of 1789, which established the federal court system.

5. Election of 1800 vs. John Adams (Federalist) Thomas Jefferson (Democratic-Republican)

6. Under President Adams John Marshall Served as Secretary of State Had played a key role in shaping Article III (Judicial Branch) in U S Constitution

7. And the outcome of the elections reveal the next president of the United States is... Thomas Jefferson (Democratic-Republican) Wins the Election!!! Federalists had not only lost the Presidency but they also lost control in Congress.

8. Time Lag...between election day and the oath of office for the new President November 1800 Election Day March 1801 New President Takes Office Fear that Federalist Party will no longer exist Federalist Congress passes the Judiciary Act of 1801 and the Organic Act of 1801 The Act gave Adams the power to appoint several new federal judges and justices of the peace before he left office.

9. President Adams signs appointments for many new federal judges. His Secretary of State was instructed to deliver the commissions. But not all were delivered before President Adams left office. Midnight Judges

10. Before leaving office, President Adams appoints John Marshall as Chief Justice of the US Supreme Court John Marshall Actually served as both Secretary of State and Chief Justice of the US Supreme Court in 1801 for President Adams before Adams left office.

11. Now, we must introduce... One of the judges appointed by President Adams that did not receive his commission So many commissions, they could not all be delivered, including Marbury’s Commission!!! William Marbury Senate Approved Commission Drawn Up Secretary of State Seal Commission Delivered by John Marshall (S of S) NO Commission Checklist

12. Now President Jefferson takes office and he learns of Adams’s attempt to pack the Court with Federalists. President Jefferson instructs his Secretary of State James Madison to refuse the appointments. President Thomas Jefferson Secretary of State James Madison

13. I want my job!!! Marbury appeals directly to the United States Supreme Court to gain his appointment. He wanted the Supreme Court to issue an order forcing Secretary of State James Madison to give Marbury his Commission. Basis of argument: The Judiciary Act (Enacted by Congress) gives the Supreme Court the power to issue such an order. (Original Jurisdiction)

14. Marbury Sues… Goes to the U. S. Supreme Court John Marshall Bushrod WashingtonSamuel Chase William PattersonWilliam Cushing Alfred Moore

15. Remember who is the Chief Justice John Marshall Former Secretary of State Appointed as Chief Justice by President Adams in 1801

16. Questions before the Court Question 1: Does Marbury have a right to the Commission? Question 2: Did Marbury have a right to take the case to the United States Supreme Court? ( He did so because of the Judiciary Act of 1789)

17. Answer the Questions Students should answer these two questions individually first. Then assemble in groups of six students (select one to be Chief Justice in each group for this exercise) Remind students that they need to review Article III of the US Constitution and compare to the section of the Judiciary Act of 1789 in making their decisions. Show the questions that follow on the next screen.

18. Questions before the Court Question 1: Does Marbury have a right to the Commission? Question 2: Did Marbury have a right to take the case to the United States Supreme Court? ( He did so because of the Judiciary Act of 1789)

19. Question 1: Does Marbury have a right to the Commission? And the final answer to Question 1 is… YES When the seal was affixed Chief Justice Marshall: Where there is a right, there must be a remedy. **Marbury wins Question 1**

20. Question 2: Does Marbury have the right to take the case to the Supreme Court? CONFLICT!!! Judiciary Act of 1789 The Supreme Court has original jurisdiction in this case. US Constitution Article 3: The Supreme Court has original jurisdiction in specific cases only.

21. Question 2 And the final answer to Question 2 is… NO The Commission cannot be granted. The United States Constitution is the Supreme Law of the Land. That section of the Judiciary Act is unconstitutional.

22. Unanimous decision In a unanimous decision, written by Justice Marshall, the Court stated that Marbury, indeed, had a right to his commission. But it also ruled that the Court had no jurisdiction (or power) in the case and could not force Jefferson and Madison to seat Marbury. The Judiciary Act of 1789 gave the Supreme Court jurisdiction, but the US Constitution did not. The Court’s first responsibility is to uphold the Constitution. When there is a conflict, the Constitution prevails.

23. The Supremacy Clause (Article VI, Section 2) City and County Laws State Statutes (laws) State Constitutions Acts of Congress United States Constitution The U.S. Constitution is the “Supreme Law of the Land.” If there is a conflict between a lower law and a higher one, the higher one “wins.”

24. Judicial Review The Court’s ruling meant the Supreme Court had the power of judicial review. That is, the Court had the right to review acts of Congress and, by extension, actions of the President. If the Court found that a law was unconstitutional, it could invalidate the law. Marshall argued that the Constitution is the “supreme law of the land” and that the Supreme Court has the final say over the meaning of the Constitution. He wrote, “It is emphatically the province and duty of the judicial department to say what the law is.”

25. Judicial Review The power of the courts to review the actions of other branches or levels of government; especially the power of the courts to declare laws and actions of the executive and legislative branches of government invalid if they are found to contradict the US Constitution.

26. What Happened Next? Marbury could have sought relief in a lower court first, but… He did not. WHY???

27. Possible Reasons The Commission was for a lower court that expired in 3 years, so it could have expired by the time the case was over. The case could have just been a plot to try to aggravate the conflict between the Federalists and the Democratic-Republicans. Marbury could have moved on to a new job.

28. What actually happened to Marbury? Marbury went on to become president of a bank in the Georgetown section of Washington in 1814. He died in 1835, the same year as John Marshall. From: Yearbook 1977 Supreme Court Historical Society