1. Judicial Review: Marbury v. Madison (1803)
May 24, 2019
American Government
Judicial Review:
Marbury v. Madison (1803)

2. WARM UP HSA Questions of the Day
1. What does “SCOTUS” stand for?
The Supreme Court of the United States.

3. Supreme Court of the United States Justices and the “leader” is called the Chief Justice. The President appoints Supreme Court members and they serve for life.

4. Do you agree or disagree? Explain.
Think About It …
What if Congress proposed that all US residents, born here or not, must first pass a test to earn citizenship?
Do you agree or disagree? Explain.

5. Congress proposes that all U. S
Congress proposes that all U.S. residents, born here or not, must pass a test to earn citizenship.
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6. Is this Constitutional? Who decides?
Think About It …
What if Congress proposed that all US residents, born here or not, must first pass a test to earn citizenship?
Is this Constitutional? Who decides?

7. Judicial Review
The Supreme Court case Marbury v. Madison (1803) defined Judicial Review.
Judicial Review allows the SCOTUS to overrule the President and Congress by declaring laws unconstitutional.

8. Judicial Review
Judicial Review means that a law passed by Congress and approved by the President can be declared unconstitutional by SCOTUS.
The problem with Judicial Review is that the President and Congress are elected by the people while the SCOTUS is not – they are appointed by the President!

9. Marbury v. Madison (1803)
Thomas Jefferson, a Republican, won the election of 1800.
Outgoing President John Adams, quickly appointed members of his political party to fill government jobs.
It was the responsibility of Adam’s outgoing Secretary of State, John Marshall, to deliver the commissions, finish the paperwork and give it to each of Adam’s appointments.

10. Marbury v. Madison (1803)
Although Marshall signed and sealed the commissions, he failed to deliver some commissions and assumed that his successor would finish the job.
When Jefferson became President, he told his new Secretary of State, James Madison, not to deliver the commissions, because he did not want members of the opposing party in these jobs. Thus, these men couldn't take office.

11. Marbury v. Madison (1803)
William Marbury, whom President Adams had appointed as a judge, was one of the men who did not receive his commission.
Marbury sued Madison and asked SCOTUS to issue a writ of mandamus. A writ is a written command by a court to act, or abstain from acting, in some way.
A writ of mandamus a court order requiring officials to perform (or refrain) a certain duty. In this case, the writ would have ordered Madison to deliver the commission.

12. Marbury v. Madison (1803)
Marbury argued that he was entitled to his commission and that the Judiciary Act of 1789 gave SCOTUS power to issue the writ.
By the time the case came before SCOTUS, John Marshall - the person who had failed to deliver the commissions in the first place - was the new Supreme Court Chief Justice.

13. Marbury v. Madison (1803)
The Supreme Court ruled that while Madison’s actions were illegal, the Judiciary Act was unconstitutional because it tried to enlarge the original jurisdiction of SCOTUS beyond that permitted by the Constitution.
Thus, Marbury’s case was invalid and he would not get his job as a federal judge.

14. Marbury v. Madison (1803)
Although President Jefferson had “won” the case and was allowed to appoint his own people; he didn’t like the Supreme Court exercising Judicial Review.
Marbury v. Madison solidified Judicial Review which is the power of the Supreme Court to review a law or an official act of the executive branch or the legislative branch and declare it unconstitutional.

15. Marbury v. Madison (1803)
The Judiciary Act of 1789, passed by Congress, authorized the Supreme Court to “issue writs of mandamus”
Did SCOTUS actually have original or appellate jurisdiction over the case?
This is the first SCOTUS case that didn’t involve a direct violation of the Constitution

16. Marbury v. Madison DECISION
Madison not required to deliver the commission to Marbury.
2. Marbury was entitled to his commission, but according to the Constitution, the Court did not have the authority to require Madison to deliver the commission.
3. The Judiciary Act of 1789 conflicted with the Constitution because it gave the Supreme Court more authority than it was given under the Constitution.

17. Review
Which branch of government interprets laws?
Which Supreme Court case established judicial review?
What is judicial review?
How does judicial review impact the power of Congress and the President?

18. Political Cartoon

19. Political Cartoon
Vocabulary
Main idea & details
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20. Judicial Review & Principles of Democracy
Give an example of checks and balances:
How can the executive branch check the other branches?
How can the legislative branch check the other branches?
How can the judicial branch check the other branches?