The Story of Judicial Review

The Judiciary ActThe US Constitution

What if……a school rule was passed that did not allow students to ask any questions during school hours?

And…….

there was no way to challenge the rule if you thought it was unfair?

Constitutional Structure Federal Government – Three Branches Article I Article II Article III Legislative Executive Judicial

Article III Section I: “The judicial Power of the United States,

shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish….”

Checks and Balances/Separation of Powers.

The Judicial BranchArticle Three

When the U.S. Constitution was written, there were still lots of questions about the judicial branch. In 1789, shortly after the Constitution was ratified, Congress passed the Judiciary Act of 1789, which established the federal court system.

vs.

John Adams(Federalist)

Thomas Jefferson(Democratic-Republican)

Under President Adams

John MarshallServed as Secretary of State

Had played a key role in shaping Article III (Judicial Branch) in U S Constitution

And the outcome of the elections reveal the next president of the United States is...

Thomas Jefferson(Democratic-Republican)

Wins the Election!!!

Federalists had not only lost the Presidency but they also lost control in Congress.

Time Lag...between election day and the oath of office for the new President

November 1800

Election Day

March 1801

New President Takes Office

Fear that Federalist Party will no longer exist

Federalist Congress passes the Judiciary

Act of 1801 and the Organic Act of 1801

The Act gave Adams the power to appoint several new federal judges and justices of the peace before he left office.

President Adams signs appointments for many new federal judges. His Secretary of State was instructed to deliver the commissions.But not all were delivered before President

Adams left office.

Midnight Judges

Before leaving office, President Adams appoints John Marshall as Chief Justice of the US Supreme Court

John MarshallActually served as both Secretary of State and Chief Justice of the

US Supreme Court in 1801 for President Adams before Adams left office.

Now, we must introduce...

One of the judges appointed by

President Adams that did not receive his commission

So many commissions, they could not all be delivered,

including Marbury’s Commission!!!

William Marbury

Senate Approved

Commission Drawn Up

Secretary of State Seal

Commission Delivered by John Marshall (S of S) NO

Commission Checklist

President Thomas Jefferson Secretary of State James Madison

I want my job!!!Marbury appeals directly to the United

States Supreme Court to gain his appointment. He wanted the Supreme Court to issue an order forcing Secretary of State James Madison to give Marbury his Commission.

Basis of argument: The Judiciary Act (Enacted by Congress) gives the Supreme Court the power to issue such an order. (Original Jurisdiction)

Marbury Sues…Goes to the U. S. Supreme Court

John Marshall

Bushrod WashingtonSamuel Chase

William PattersonWilliam Cushing

Alfred Moore

Remember who is the Chief Justice

John MarshallFormer Secretary of State

Appointed as Chief Justice by President Adams in 1801

Questions before the Court

Question 1:

Does Marbury have a right to the Commission?

Question 2:

Did Marbury have a right to take the case to the United States Supreme

Court?(He did so because of the Judiciary Act of 1789)

Answer the QuestionsStudents should answer these two questions

individually first. Then assemble in groups of six students (select one to be Chief Justice in each group for this exercise)

Remind students that they need to review Article III of the US Constitution and compare to the section of the Judiciary Act of 1789 in making their decisions.

Show the questions that follow on the next screen.

Questions before the Court

Question 1:

Does Marbury have a right to the Commission?

Question 2:

Did Marbury have a right to take the case to the United States Supreme

Court?(He did so because of the Judiciary Act of 1789)

Question 1: Does Marbury have a right to the Commission?

And the final answer to Question 1 is…

YESWhen the seal was affixed

Chief Justice Marshall:

Where there is a right, there must be a remedy.

**Marbury wins Question 1**

Question 2: Does Marbury have the right to take the case to the Supreme Court?

CONFLICT!!!

Judiciary Act of 1789

The Supreme Court has original

jurisdiction in this case.

US Constitution

Article 3:

The Supreme Court has original

jurisdiction in specific cases only.

Question 2And the final answer to Question 2 is…

NOThe Commission cannot be granted.

The United States Constitution is the Supreme Law of the Land.

That section of the Judiciary Act is unconstitutional.

Unanimous decisionIn a unanimous decision, written by Justice

Marshall, the Court stated that Marbury, indeed, had a right to his commission.

But it also ruled that the Court had no jurisdiction (or power) in the case and could not force Jefferson and Madison to seat Marbury. The Judiciary Act of 1789 gave the Supreme Court jurisdiction, but the US Constitution did not.

The Court’s first responsibility is to uphold the Constitution. When there is a conflict, the Constitution prevails.

The Supremacy ClauseThe Supremacy Clause(Article VI, Section 2)(Article VI, Section 2)

City and County Laws

State Statutes (laws)

State Constitutions

Acts of Congress

United States Constitution

The U.S. The U.S. Constitution is Constitution is the the “Supreme “Supreme

Law of the Law of the Land.”Land.”

If there is a conflict between a lower law and a higher one, the

higher one “wins.”

Judicial ReviewThe Court’s ruling meant the Supreme Court had

the power of judicial review. That is, the Court had the right to review acts of Congress and, by extension, actions of the President. If the Court found that a law was unconstitutional, it could invalidate the law.

Marshall argued that the Constitution is the “supreme law of the land” and that the Supreme Court has the final say over the meaning of the Constitution. He wrote, “It is emphatically the province and duty of the judicial department to say what the law is.”

Judicial Review

The power of the courts to review the actions of other branches or levels

of government; especially the power of the courts to declare

laws and actions of the executive and legislative branches of government invalid if they are found

to contradict the US Constitution.

What Happened Next?

Marbury could have sought relief in a lower court first,

but…

He did not.

WHY???

Possible ReasonsThe Commission was for a lower court that

expired in 3 years, so it could have expired

by the time the case was over.

The case could have just been a plot to try to

aggravate the conflict between the

Federalists and the Democratic-Republicans.

Marbury could have moved on to a new job.

What actually happened to Marbury?

Marbury went on to become president of a bank in the Georgetown section of

Washington in 1814.

He died in 1835, the same year as John Marshall.

From: Yearbook 1977 Supreme Court Historical Society