1. The Case for Judicial Review
Marbury v. Madison
The Case for Judicial Review

2. The Facts of the Case
William Marbury was one of President Adams’ “midnight appointments” (last minute appointments) in part because he was a federalist

3. Facts of the Case
James Madison, the new Secretary of State refused to deliver Marbury’s papers to him.

4. Still more facts
The Judiciary Act of 1789 gave the Supreme Court the power to issue writs of mandamus. These writs would order someone to do something

5. Facts about the case
Marbury petitioned the Supreme Court to issue a writ of mandamus directing Madison to deliver the papers

6. Issues of the case
Can the Supreme Court legally compel Madison to deliver the papers?
OR:
Is issuing a writ of mandamus constitutional?

7. Issues of the case
If the Judiciary Act of 1789 is unConstitutional, then what?

8. Does Marbury get his commission?
Issues of the case
Does Marbury get his commission?

9. The decision
Madison was wrong to not deliver the papers, but the court doesn’t have the power to issue a writ of mandamus

10. Decision of the Case
…because the section of the judiciary act that granted that power to the court is unConstitutional…
The Court doesn’t have the authority!

11. Impact of the decision
The Constitution is the Supreme law of the land and the Supreme Court is the final interpreter of the Constitution

12. Impact of the Case
… which implies that the Court has the power of JUDICIAL REVIEW: the power to declare laws unConstitutional and therefore null and void

13. Impact of the case
This case set the precedent for all future cases that the Supreme Court would rule on issues of Constitutionality