Marbury v. Madison (1803)
The Establishment of
Judicial Review
Chief Justice John Marshall (1801 – 1835)
The Most Influential Federalist in U.S. History
For your consideration…
1. How did the Supreme Court decide on the facts of the case?
According to Marshall, did Marbury have a right to the
commission?
2. The Court did not issue a writ of mandamus, and it also
rejected Jefferson's position. How could it do both? How was
Marshall able to enhance the power of the Supreme Court
while refusing to issue a writ in this case?
3. Given the fact that Marshall was himself a midnight
appointment and that his failure to deliver all of the judicial
commissions was the basis of Marbury's suit in the first place,
was he caught in a conflict of interest? Explain.
Chief Justice
John Marshall
Jefferson
Retains Authority
Constitution
Supreme
Court
Judiciary Act of 1789
Section 13
Marbury
Suit Dismissed
Writ
Marbury v. Madison (1803)
"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."
— Chief Justice John Marshall