1. Thinking Question
What do you know about the history of the United States between and 1850?

2. United states history
Class #1, Week of January 22

3. Unit 3: the age of Jackson (1801 – 1850)

4. Marbury v. Madison and Judicial Review

5. The Facts in Marbury
President Adams appointed Marbury as Justice of the Peace for D.C.; one of dozens of lame duck judicial appointments
New President Jefferson ordered Secretary of State Madison NOT to deliver Marbury’s (and others’) commissions
Marbury sued Madison, seeking a Writ of Mandamus
Following the Judiciary Act of 1789, the case went straight to the Supreme Court

6. Chief Justice John Marshall
Marshall was a staunch Federalist
He served as Chief Justice for 34 years (1801 – 1835); still one of the longest tenures of any Supreme Court justice
His decisions during those 34 years established the Court as a co-equal branch of the national government

7. The Court’s Dilemma
If the Court ruled that Marbury did NOT have a legal right to his commission:
The Federalists would lose out on all of Adams’ lame duck judicial appointments that had not been delivered;
The Court would look weak – they would be admitting that they had no power to force Madison and Jefferson to deliver the commissions
If the Court ruled that Marbury DID have a legal right to his commission and issued the Writ of Mandamus:
Jefferson would likely refuse to follow the Court’s order;
Making the Court look even weaker, and proving that they had no power over the Executive Branch

8. Marshall’s Decision
1) Marbury DID have a legal right to his commission as Justice of the Peace
2) The Court DID have the power to order government officials to “do their duty”
In cases of “ministerial” duties, but not in cases of “political” duties
3) BUT – the Court could not issue a Writ of Mandamus in this case, because the section of the Judiciary Act giving the Court original jurisdiction in this case was Unconstitutional
Article III of the Constitution gives the Court original jurisdiction in cases involving foreign officials or in which a state is a party

9. Judicial Review After Marbury
Marbury v. Madison firmly established the Supreme Court’s power to strike down laws that it deems to be Unconstitutional
That power has never been seriously questioned ever since

10. Homework Textbook: Chapter 10, Sections 1 & 2
Homework Assessment: HW Quiz ONLY
Similar format to what you are used to
Open Notes
We will also have a formalized discussion of the reading, for a separate grade