1. Marbury v. Madison

2. Marbury v. Madison
Thomas Jefferson (Republican) defeats John Adams (Federalist)
in the Election
of 1800

3. Marbury v. Madison
On the last day of his presidency, 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.

4. Marbury v. Madison
Jefferson becomes President the next day but some of Adams’ judges have not yet received their official forms
Jefferson says they cannot
be judges

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

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

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

8. What was Judiciary Act of 1789?
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

9. How do you think Jefferson reacted?
Marbury v. Madison
John Marshall, the
chief justice and a
Federalist, listens to
Marbury’s case
How do you think Jefferson reacted?
How do you think Marshall reacted?

10. Marbury v. Madison Marshall agrees that Marbury
had been treated unfairly
AND...
The Judiciary Act would allow Supreme Court to force Madison into making Marbury a judge
BUT...
Marshall has to decide is this constitutional or unconstitutional?

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

12. Marbury v. Madison Marshall’s ruling establishes:
Judicial Review- Supreme Court can declare act of Congress unconstitutional
Judicial Review has increased the
Supreme Court’s legal authority-
making it a much stronger branch