Marbury v. Madison 1803

1
Marbury v. Madison1803

• Ms. Muraca
• American Government
• Period 2
• 10/8/10

2
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 didnt 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.

3
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?

4
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

5
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 isIf two
  laws conflict with each other, the courts must
  decide on the operation of each.

6
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 and duty of the
  judicial department to say what the law is.
  John Marshall

7
Who Won?

• The Supreme Court
• Claimed power to rule acts of Congress
  unconstitutional

• Madison
• He did not have to deliver commission.

8
Chief Justice John Marshall

• Adams Secretary of State
• Became Chief Justice on January 31, 1801
• Thomas Jeffersons cousin
• Repeatedly confirmed the supremacy of federal law
  over state law
• Supported an expansive reading of the enumerated
  powers.

9
Cases 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

10
Works Cited

• Kommers, 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. lthttp//www.streetlaw.org/en/Case.1.aspxgt.
• "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. lthttp//www.law.umkc.edu/faculty/proje
  cts/ftrials/conlaw/marbury.htmlgt.
• "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.