1. The creation of judicial review
Marbury v. Madison (1803)
The creation of judicial review

2. The Plaintiff William Marbury Federalist
John Adams’ “midnight appointments”
Appointed to bench, but commission never received
Wants court to issue writ of mandamus

3. The Defendant(s) James Madison Thomas Jefferson
Jefferson’s Secretary of State
Democratic-Republican
Does not deliver the commission
Thomas Jefferson
Third President of the United States
Democratic-Republican

4. The Questions
1. Does Marbury have a right to the commission he demands?
2. If that right has been violated, do the laws of the U.S. afford him a remedy?
3. Is this remedy a writ of mandamus from the Supreme Court?

5. The Court The Supreme Court consisted of 6 justices, ALL Federalists
John Marshall is Chief
Wanted to strengthen the federal government and the Supreme Court

6. The Answers, a.k.a. The Ruling
1. Does Marbury have a right to the commission he demands? YES
2. If that right has been violated, do the laws of the U.S. afford him a remedy? YES
3. Is this remedy a writ of mandamus from the Supreme Court? NO!!

7. Marshall finds a way out
Judicial Act of 1789 had given the Supreme Court the power to issue writs of mandamus
Judicial Act of 1789 also enlarged the scope of the Supreme Court’s original jurisdiction (Article 3, Section 2 of US Constitution)
Marshall declares Judicial Act of “unconstitutional”, must be revoked

9. Impact Supreme Court established “judicial review” over federal law
HUGE EMPOWERMENT OF SUPREME COURT
Court later established judicial review over state laws in Dartmouth College v. Woodward, 1819
Court did not declare another law unconstitutional for over 50 years, but power was established
Court’s ability to check and balance flourished