Marbury v. Madison1803

Ms. MuracaAmerican Government

Period 210/8/10

The Story• Jefferson defeats incumbent Adams in Presidential

election of 1800. – Adams’ last day in office is March 3, 1801.

• Congress, in support of Adams, established 16 new judgeships and many other offices.– March 2, 1801: Adams signs commissions appointing

“midnight justices.”• William Marbury was one of the Justices.

• Secretary of State is supposed to affix the Great Seal of the U.S and deliver the commissions.– He didn’t finish.

• Jefferson orders his Secretary of State James Madison Not to deliver the commission

• Marbury takes case to Supreme Court to ask for a writ of mandamus commanding Madison to deliver the commission under the Judiciary Act of 1789.

Issue Under Debate

Did Marbury have a right to the commission?

If so, was he entitled to some remedy under United States law?

Was that remedy a writ of mandamus from the Supreme Court?

What Law Was Under Discussion?

• Judiciary Act of 1789– Court given exclusive original jurisdiction over all

civil actions between states, between a state and the U.S., & all suits and proceedings brought against ambassadors and other diplomatic personnel

– Granted the Supreme Court the power to issue writs of mandamus outside its appellate jurisdiction

Majority Opinion Did Marbury have a right to the commission?

– YES• Once the U.S. seal had been affixed, Marbury had been legally

appointed

If so, was he entitled to some remedy under United States law?– YES

Was that remedy a writ of mandamus from the Supreme Court?– NO

• The Judiciary Act of 1789 was unconstitutional– Congress could not expand the Courts original jurisdiction.– Constitution did not give the Court the authority to issue writs

• “It is emphatically the province and duty of the judicial department to say what the law is…If two laws conflict with each other, the courts must decide on the operation of each.”

Principle Established as a Result

• Judicial Review– the power of the Supreme Court to void

acts of Congress in conflict with the Constitution

"It is emphatically the province "It is emphatically the province and duty of the judicial and duty of the judicial

department to say what the department to say what the law is.” – John Marshalllaw is.” – John Marshall

Who Won?

• Madison– He did not

have to deliver commission.

• The Supreme Court– Claimed power to

rule acts of Congress unconstitutional

Chief Justice John Marshall

• Adams’ Secretary of State• Became Chief Justice on

January 31, 1801• Thomas Jefferson’s cousin• Repeatedly confirmed the

supremacy of federal law over state law

• Supported an expansive reading of the enumerated powers.

Case’s Impact

• Key role in making the Supreme Court a separate branch of government on par with Congress and the executive

• Established Judicial Review– forever after the Supreme Court has had

the power to rule laws unconstitutional.

• No other laws ruled unconstitutional for another 50 years – until 1857

Works CitedKommers, Donald P., John E. Finn, and Gary J. Jacobsohn. "Marbury v. Madison."

American Constitutional Law: Essays, Cases, and Comparative Notes. Lanham, MD: Rowman & Littlefield, 2010. 80-84. Print.

"Marbury v. Madison." Landmark Cases of the Supreme Court. Street Law, Inc. Web. 05 Oct. 2010. <http://www.streetlaw.org/en/Case.1.aspx>.

"Marbury v. Madison." Supreme Court Case Studies. New York: McGraw Hill, 2008. 1-2. Print.

"Marbury vs Madison." UMKC School of Law. Web. 05 Oct. 2010. <http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/marbury.html>.

"Marbury v. Madison." West's Encyclopedia of American Law. Ed. Shirelle Phelps and Jeffrey Lehman. 2nd ed. Vol. 6. Detroit: Gale, 2005. 424-428. Gale Virtual Reference Library. Web. 5 Oct. 2010.

Sheppard, Steve. "Marbury v. Madison." Dictionary of American History. Ed. Stanley I. Kutler. 3rd ed. Vol. 5. New York: Charles Scribner's Sons, 2003. 235-236. Gale Virtual Reference Library. Web. 5 Oct. 2010.