Marbury v. Madison (1803) Landmark case

Marbury v. Madison (1803) Landmark case Basis for Judicial Review under

Article III of the United States Constitution

Election of 1800

Jefferson defeats John AdamsElection was decided Feb 17,

1801

Election of 1800

Jefferson defeats John AdamsElection was decided Feb 17,

1801Jefferson did not take office

until March 4, 1801Adams/Federalist controlled

Congress were in power

Federalist Adams and Congress Judiciary Act of 1789

Federalist Adams and Congress Judiciary Act of 1789

– Est. 10 new District Courts– Expanded circuit courts from 3

to 6

Federalist Adams and Congress Judiciary Act of 1789

– Est. 10 new District Courts– Expanded circuit courts from 3

to 6– Added judges to each circuit– Gave Adams authority to

appoint authority to appoint Federal judges & justices of the peace

March 2, 1800 Two days before his term

ends

March 2, 1800 Two days before his term

ends Adams appoints 16 Federalist

circuit judges, 42 Federalist justices of the peace.

March 2, 1800 Two days before his term

ends Adams appoints 16 Federalist

circuit judges, 42 Federalist justices of the peace.

The “Midnight Judges” All in the Washington/Alexandria area

Senate approves of the appointments! (Big surprise)

But to go into effect, appointments had to be delivered

Senate approves of the appointments! (Big surprise)

But to go into effect, appointments had to be delivered

John Marshall; Acting Sec of State for Adams– Recently appointed Chief Justice

of the United States

Most commissions delivered Impossible to deliver all

before Adams’ term expired

Most commissions delivered Impossible to deliver all

before Adams’ term expired All appointments were routing

in nature

Most commissions delivered Impossible to deliver all before

Adams’ term expired All appointments were routing

in nature Marshall Ass-u-me’d they

would be delivered by the new Sec of State James Madison

But…

T.J. orders his Attorney General and acting Sec of State Levi Lincoln…

Don’t deliver the remaining appointments

T.J. orders his Attorney General and acting Sec of State Levi Lincoln…

Don’t deliver the remaining appointments

Without them, remaining appointees could not assume their office

Making them void in TJ’s opinion

Newly sworn in Republican congress immediately set about voiding the Judiciary Act of 1801 with their own…

Newly sworn in Republican congress immediately set about voiding the Judiciary Act of 1801 with their own…

Judiciary Act of 1802 The Judicial Branch would

operate under the dictates of the original Jud. Act of 1789