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The Election of 1800. Marbury v. Madison. The Background. Adams, Federalist incumbent. Jefferson, Democratic challenger. What is at stake in this election? --The very survival of the country (from each point of view)!!!
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The Election of 1800 Marbury v. Madison The Background Adams, Federalist incumbent Jefferson, Democratic challenger • What is at stake in this election? • --The very survival of the country (from each point of view)!!! • Election Result: Federalists lose the presidency and lose their majorities in both the Senate and the House of Representatives. --The Federalists are wiped out. • What is the Federalists’ last resort?
After the election. . . Judicial Branch Marbury v. Madison The Federalist Plan Adams, outgoing president Jefferson, president-elect Marshall, New Chief Justice ofthe Supreme Court . . . but before Jefferson is sworn in as president. Marshall, Federalist Sec. of State Marshall, remains a “presidential helper” until Adams leaves office The Federalists, for a short time (until Jefferson and the new Congress are sworn in), still have control of the Presidency, the House, and the Senate. So the Federalists come up with a plan. . . Marbury, Newly-Appointed Federalist Judicial Official
Jefferson is sworn in. . . Judicial Branch Marbury v. Madison Oops. ThePlayers Adams, outgoing president Jefferson, President Marshall, New Chief Justice ofthe Supreme Court Sorry, your commission has been cancelled. . . “We’re outta here. . .” Secretary of State is to deliver judicial the appointments Marshall, Unofficial “presidential helper” Madison, Democratic Sec. of State Where’s my bloody appointment?? Marbury, Newly-Appointed Federalist Judicial Official
Jefferson is sworn in. . . Judicial Branch Marbury v. Madison Uhhh. . . TheCase Marshall, if you help your Federalist crony, you’ll be sorry. Jefferson, President Marshall, New Chief Justice ofthe Supreme Court Help me, Marshall old buddy! Madison, Democratic Sec. of State Marbury sues Madison, asking the Court to issue a “writ of mandamus” under the Judiciary Act of 1789 Marbury, Newly-Appointed Federalist Judicial Official
Marshall’s options • Rule on the behalf of Marbury: order Madison to deliver the appointment. RESULT: Madison would ignore the order, and the Court would be forever weakened • Rule on the behalf of Madison: deny Marbury the appointment, even in the face of the Judiciary Act of 1789 RESULT: The Court would obviously be “knuckling under” to the the Executive Branch—forever weakening the Court.
Marshall’s Decision • Although Marbury is right on the merits of the case, the Court cannot rule on the case because the Judiciary Act of 1789 is UNCONSTITUTIONAL. • Marbury v. Madison gave the Court the power of judicial review. • The Court claimed this power for itself—it is not granted anywhere in the Constitution.
Notes over Marbury v. Madison I. Outgoing president = John Adams, Federalist II. New president = Thomas Jefferson (TJ), Dem-Rep A. They hate each other B. Jefferson beats Adams in election of 1800 III. Adams fights back A. Fill courts with Federalists (like Marbury) before TJ is sworn in
Notes over Marbury v. Madison IV. But Marbury never got his appointment V. Madison = TJ’s Sec. of State A. Supposed to deliver to Marbury—does not VI. Marbury sues Madison VII. Marshall = Chief Justice, his choices: A. Rule for Marbury = TJ would ignore the order, Court looks bad B. Rule for Madison = Court looks weak (like president’s whipping boy)
Notes over Marbury v. Madison VIII. Marshall’s decision A. Declares law UNCONSTITUTIONAL B. Neither Marbury nor Madison win C. Court now has power of JUDICIAL REVIEW
