Marbury v. Madison

1
Marbury v. Madison

• By Megan Brend
• and Darcie Rummel

2
Background Information

• John Adams loses presidential election of 1800 to
  Thomas Jefferson
• Now the executive and legislative branches are
  controlled by Anti-Federalists
• Senate approves the Organic Act, creating a
  number of new Federalist courts
• On March 2, Adams appoints 42 Federalists to
  these newly created courts. The judges are
  approved by the Senate on March 3
• Jefferson takes office March 4

3
William Marbury

• One of the midnight judges appointed as Justice
  of the Peace in D.C.
• Marburys commission (as well as four others)
  were not delivered by John Marshall (then
  Secretary of State)
• Marbury sued Jeffersons Secretary of State,
  James Madison, to force him to deliver his
  commission

4
John Marshall

• Now resides as chief justice on the Supreme Court
• If the Court decides to declare a writ of
  mandamus, Jefferson would ignore it
• If the Court denies the writ of mandamus, it
  would appear the court acted out of fear
• Either instance would be a denial of the
  supremacy of law

5
Final Ruling

• The Court stated Madison should have delivered
  the commissions
• Section 13 of the Judiciary Act of 1789 gave the
  Supreme Court the power to issue the writ of
  mandamus
• However, this exceeded the authority given to the
  Supreme Court under Article III, Section 2 of the
  Constitution (original jurisdiction)

6
Historical Significance

• Gave the Supreme Court the authority to declare
  acts of Congress unconstitutional if they
  exceeded the powers granted by the Constitution
• The Supreme Court became the final authority on
  interpreting the Constitution (power of judicial
  review)
• The Supreme court became an equal partner in
  government

7
Webliography

• Landmark Supreme Court Cases
• www.landmarkcases.org
• The Supreme Court Historical Society
• www.supremecourthistory.org
• Our Documents
• www.ourdocuments.gov
• Interactive Constitution
• http//www.constitutioncenter.org/
• constitution/