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Marbury v. Madison
1803
1. Federalist 2nd President
http://youtu.be/Y_zTN4BXvYI
Jefferson ( Democrat/Republican)
defeats
Adams (Federalist)
in the Election of 1800
2. United States Constitution
• A. Article III created the United States
Supreme Court.
• B. All other courts ( tribunals) created by
Congress.
– The first law that created the Federal
Judiciary is the Judiciary Act of 1789.
– Created a 6 member SCOTUS
3. Midnight
justices
On his last day, Adams fills courts
with as many Federalist judges as
possible
They were called “midnight judges” - Adams waited
until 9 o’clock on his last night as President to sign
their commissions.
4.
Marbury
V.
Madison
1803
5. William Marbury (Federalist)
was appointed to the 6.DC Justice
of the Peace and was affected by
Jefferson’s decision was denied his
position because he did not have
his commission.
7. President Jefferson
(Democrat/Republican)
orders his Secretary of State
James Madison
Democrat/ Republican
not to give out the papers to any of
the judges
9.
President Jefferson
(Democrat/Republican)becomes
President on March 3rd and the by the
next day some of Adams’ judges have
not yet received their official
commissions (17)
Jefferson says “too bad” they
cannot be judges!
10 months later….
Marbury demands that the
Supreme Court examine the
case and force the executive
branch to hand out papers
10
Marbury says Judiciary Act of 1789
gives the Supreme Court the right to
do this
Article 13 SCOTUS may issue Writs of
Mandamus (Court order compelling
government to do something)
John Marshall, the chief justice
and the Supreme Court, listens
to Marbury v Madison in court.
(1803) two justice justices are sick
After 14 months
hiatus.
Decision
• Did Marbury have a right to the
commission?
• Do the laws of the country give Marbury a
legal remedy?
• Is asking the Supreme Court for a writ of
mandamus the correct legal remedy?[27]
11. FIRST PART
4-0
2/24/1803
1. Marshall agrees that Marbury
had been treated unfairly and
was entitled to his commission.
11. SECOND PART
2.Judiciary Act would allow SC
to force Madison into making
Marbury a judge
11. FINALLY
3. However, the Writ of Mandumus,
Marshall decides, gives original
jurisdiction to the Supreme Court the
Constitution did not and therefore the
law was unconstitutional
Judiciary Act of 1789 Article 13
• Gave original jurisdiction to SCOTUS the
Constitution did not .• The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several
states, in the cases herein after provided for; and shall have power to issue writs of prohibition to the district
courts [...] and writs of mandamus [...] to any courts appointed, or persons holding office, under the
authority of the United States.— Judiciary Act of 1789, § 13
• The US Constitution Article III Section 2 Clause 1
• In all cases affecting..
– ambassadors, other public ministers and consuls,
– and those in which a state shall be party, the Supreme Court
shall have original jurisdiction.
– In all the other cases before mentioned, the Supreme Court
shall have appellate jurisdiction, both as to law and fact, with
such exceptions, and under such regulations as the Congress
shall make.
"It is emphatically the province and
duty of the judicial department to say
what the law is. Those who apply the
rule to particular cases must, of
necessity, expound and interpret that
rule. If two laws conflict with each
other, the Courts must decide on the
operation of each.“ john Marshall
Marshall’s ruling affirms Judicial Review - Supreme Court
can declare act of Congress
unconstitutional
• Judicial review has increased the
Supreme Court’s legal authority…
making it a much stronger branch
A constitution is, in fact, and must be regarded by
the judges, as a fundamental law. It therefore
belongs to them to ascertain its meaning, as well
as the meaning of any particular act proceeding
from the legislative body. If there should happen
to be an irreconcilable variance between the two,
that which has the superior obligation and validity
ought, of course, to be preferred; or, in other
words, the Constitution ought to be preferred to
the statute, the intention of the people to the
intention of their agents."
—Alexander Hamilton, Federalist No. 78
BTW
• Jefferson and Marshall were cousins and
did not like each other!