Marbury v. Madison (1803)

1. Marbury v. Madison (1803) The creation of judicial review

2. The Plaintiff • William Marbury • Federalist • John Adams’ “midnight appointments” • Appointed to bench, but commission never received • Wants court to issue writ of mandamus

3. The Defendant(s) • James Madison • Jefferson’s Secretary of State • Democratic-Republican • Does not deliver the commission • Thomas Jefferson • Third President of the United States • Democratic-Republican

4. The Questions • 1. Does Marbury have a right to the commission he demands? • 2. If that right has been violated, do the laws of the U.S. afford him a remedy? • 3. Is this remedy a writ of mandamus from the Supreme Court?

5. The Court • The Supreme Court consisted of 6 justices, ALL Federalists • John Marshall is Chief • Wanted to strengthen the federal government and the Supreme Court

6. The Answers, a.k.a. The Ruling • 1. Does Marbury have a right to the commission he demands?YES • 2. If that right has been violated, do the laws of the U.S. afford him a remedy? YES • 3. Is this remedy a writ of mandamus from the Supreme Court? NO!!

7. Marshall finds a way out • Judicial Act of 1789 had given the Supreme Court the power to issue writs of mandamus • Judicial Act of 1789 also enlarged the scope of the Supreme Court’s original jurisdiction (Article 3, Section 2 of US Constitution) • Marshall declares Judicial Act of 1789 “unconstitutional”, must be revoked

9. Impact • Supreme Court established “judicial review” over federal law • HUGE EMPOWERMENT OF SUPREME COURT • Court later established judicial review over state laws in Dartmouth College v. Woodward, 1819 • Court did not declare another law unconstitutional for over 50 years, but power was established • Court’s ability to check and balance flourished