PowerPoint Presentation

1. Marbury v. Madison (1803) Judicial Review PowerPoint Presentation

2. Background: • The President of the United States has the power to appoint judges to the federal courts. • Question: What kind of people do you think the President appoints as judges? • Usually, the President appoints individuals who are members of his political party or who share his ideas about politics.

3. Origins of the Case • In 1800, John Adams was President. There was an election that year. Thomas Jefferson, who belonged to another political party, got elected. • There were many positions in the federal government that were empty. Before he left office, President Adams tried to fill these positions with people who shared his political beliefs. • Question: What would be the motive of President Adams?

4. Here’s some background information to the story:

5. President Adams appointed 58 new people. He asked his Secretary of State, John Marshall, to deliver the paperwork to these people so they could start their new jobs. • Marshall delivered most of the papers. He was in a hurry, so he left some of the papers for the new Secretary of State, James Madison, to deliver. When he came into office, President Thomas Jefferson told Madison not to deliver the papers to some of the people Adams had appointed. • Question: Why do you think Jefferson did this?

6. One of the individuals who didn't receive his papers was William Marbury. He sued James Madison and tried to get the Supreme Court of the United States to issue a writ of mandamus. A writ is a court order that forces an official to do something. • Marbury argued that a law passed by Congress (the Judiciary Act of 1789) gave the Supreme Court of the United States the power to issue this writ.

7. If the Court issued the writ, Madison would have to deliver the papers. Then Marbury would become a justice of the peace. The case went all the way to the Supreme Court of the United States who had to decide the case. Madison Marbury V

8. Who are the important people in this case? • William Marbury- appointed by John Adams to be Justice of the Peace right at the end of his term • James Madison- Secretary of State under Thomas Jefferson. Refused to deliver Marbury commissions

9. What is a Writ of Mandamus? • Writ of Mandamus- a special order to force Madison to deliver the commission • Power given to the Supreme Court, not by the Constitution but by the Judiciary Act of 1789

11. Questions of the Court • Does Madison have to deliver the commission if it was ordered by the previous president? • Does Congress have the power to add to the powers given to the Supreme Court written in the Constitution? • What do you predict the court said?

12. The Marshall Court

13. Result: • The Supreme Court ruled infavor of Madison. It was decided that Marbury would not become a justice of the peace. • Another outcome of the case was that the principle, idea, of judicial review was created. Judicial review means that the Supreme Court was the final judge of whether a law was constitutional.

14. Judicial Review

15. Film Clip; Marbury v Madison

16. What is Judicial Review? • The Supreme Court has the right to review the laws and actions passed by Congress and the President to make sure they are Constitutional. • This is an implied power • A power not specifically written in the Constitution.

18. Formative Assessment • What is judicial review? • Without the power of judicial review, who would decide if laws were Constitutional? • What problems might arise if the same branch passed laws and decided if they were constitutional?