Marbury v.
Madison
The Election of 1800
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?
Marbury v.
Madison
Judicial Branch
After the election. . .
The
Federalist
Plan
Adams, outgoing president
Jefferson, president-elect
. . . but before
Jefferson is sworn
in as president.
Marshall,
New Chief Justice of
the Supreme Court
Marshall,
of State
Marshall,Federalist
remains aSec.
“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
Marbury v.
Madison
Jefferson is sworn in. . .
Judicial Branch
Oops.
The
Players
Adams, outgoing president
“We’reSorry,
outta your
commission
has been
here. . .”
cancelled. . .
Jefferson, President
Secretary of State is
to deliver judicial the
appointments
Marshall,
New Chief Justice of
the Supreme Court
Marshall, Unofficial
“presidential
Madison,
Democratic Sec. of State
helper”
Where’s my bloody
appointment??
Marbury, Newly-Appointed
Federalist Judicial Official
Judicial Branch
Jefferson is sworn in. . .
Marbury v.
Madison
Uhhh. . .
The
Case
Marshall, if you
help your
Federalist crony,
you’ll be sorry.
Jefferson, President
Marshall,
New Chief Justice of
the 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