Marbury V. Madison 1803

1. Marbury V. Madison 1803 Anabel Butler, Hannah Nolton, and RaniRachavelpula

2. Political Cartoon and Pictures This cartoon represents the judicial branch exercising judicial review, a power that was started because of Marbury vs. Madison. The top picture shows the two men involved in the case, Marbury and Madison. The second picture is a quote from the case carved into the wall in the Supreme Court. The third picture is a book written on the case. The last picture on the bottom is a document from the court case.

3. INFORMATION KEYWORDS -Judicial Review -writ of mandamus - legal provision • After the election of Thomas Jefferson in 1800, Secretary of State John Marshall had to finish last minute paperwork. Although John Marshall signed and sealed all the commissions, Marshall failed to deliver the commissions to the newly appointed judges and assumed James Madison, his successor, would deliver the commissions. • When Madison received the commissions, Thomas Jefferson, told Madison not to deliver the commissions to the newly appointed judges in the opposing party. Unfortunately, William Marbury was one of the few judges who received the last-minute commissions. Marbury could not take office until he received his commission, and in anger, Marbury sued Madison and issued a writ of mandamus to force Madison to deliver his commission. • The plaintiff in this case, Marbury v. Madison, is William Marbury and the defendant in this case is James Madison. • Since John Marshall, the newly appointed Chief Justice, failed to convey the commissions in the first place, Marshall immediately sided with Madison creating a conflict of interest. If this case were to occur today, Chief Justice John Marshall would most likely be disqualified.

4. Marbury Vs Madison Finalization Marbury sued under Section 13 of the Judiciary Act of 1789. This Act was used as a Legal Provision in this case. Section 13 of the Judiciary Act of 1789 states that it is up to the Supreme Court to exercise “exclusive jurisdiction” over civil controversies. • Chief Justice John Marshall finalized that the Constitution holds superior power to any law passed by Congress. • The Constitutional issues in this case include judicial review and whether or not the Supreme Court has authority to issue a writ of mandamus. John Marshall rendered his decision that, because the Supreme Court has only appellate jurisdiction, the Supreme Court does not have authority to make Secretary of State James Madison to give the commission to William Marbury. • In the case John Marshall stated: “To enable this court then to issue a mandamus, it must be shown to appellate jurisdiction…The authority therefore…appears not to be warranted by the Constitution.” • The Court voted 6 votes for Madison and 0 votes for Marbury in 1803.

5. Citations • http://apgovernment2010.yolasite.com/ch2.php • http://www.historyisgroovy.com/STUDY_GUIDES/vis/1783_1825/history_visuals_1783_1825.htm • http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/tushnet0206.htm • http://en.wikipedia.org/wiki/File:Marbury_v_Madison_John_Marshall_by_Swatjester_crop.jpg • http://www.archives.gov/historical-docs/todays-doc/index.html?dod-date=224 • http://www.infoplease.com/t/hist/federal-judiciary-act/ • http://www.oyez.org/cases/1792-1850/1803/1803_0 • Class Handout (Background Summary and Questions) – Credit to Mrs. Atkins