1. The Story of Judicial Review
Marbury v. Madison
SS.7.C.3.12 Analyze the significance and outcomes of landmark Supreme Court cases including, but not limited to, Marbury v. Madison...
The Story of Judicial Review

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

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.
Congress created a Supreme Court, three circuit courts, and 13 district courts. There was one district court for each of the 13 states.
The Constitution did not specify the number of justices that could be appointed to the Supreme Court. Through the Judiciary Act, though, Congress provided for a Chief Justice and five Associate Justices.

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

6. Election of 1800 Fear that Federalist Party will no longer exist
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
Compare to today.
The Act gave Adams the power to appoint several new federal judges and justices of the peace before he left office.

7. The Appointments Midnight Judges
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

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

9. Marbury Goes to Court
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)

10. What Does the Constitution Say?
Article III, Section 2 (Original jurisdiction of the Supreme Court)
The judicial Power shall extend to all Cases…
affecting Ambassadors, other public Ministers and Consuls;
to all Cases of admiralty and maritime Jurisdiction
to Controversies to which the United States shall be a Party;
to Controversies between two or more States;
between a State and Citizens of another State;
between Citizens of different States;
between Citizens of the same State claiming Lands under Grants of different States,
between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
Ambassadors and Other Public Ministers.—The term “ambassadors and other public ministers,” comprehends “all officers having diplomatic functions, whatever their title or designation.”

11. Marbury Sues… Goes to the U. S. Supreme Court
John Marshall
William Cushing
William Patterson
Justices of the U.S. Supreme Court at the time
Samuel Chase
Bushrod Washington
Alfred Moore

12. Questions Before the Court
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)

13. 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**

14. 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.

15. The Commission cannot be granted.
Question 2: Does Marbury have the right to take the case to the Supreme Court?
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.

16. 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 U.S. Constitution did not.
The Court’s first responsibility is to uphold the Constitution. When there is a conflict, the Constitution prevails.

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

18. Significance of the Case: 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.
Judicial review was an assumed power as outlined in the Federalist Papers (Federalist 78). This was not the first time this was at issue, it was already contemplated in this document.

19. Quoting the Case
"It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each." Chief Justice John Marshall, 5 US 137 (1803)

20. 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 U.S. Constitution.
Remind students of the structure of the courts and how cases end up in the Supreme Court. The court does not reach down and select issues it wants to hear. Cases must go through the appellate process, originating in lower courts expect where the U.S. Supreme Court has original jurisdiction.

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

22. 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.

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