Marbury v. Madison
History.com
In 1803, the Supreme Court, led by Chief Justice John Marshall, decides the landmark case
of William Marbury versus James Madison, Secretary of State of the United States and confirms
the legal principle of judicial review--the ability of the Supreme Court to limit Congressional
power by declaring legislation unconstitutional--in the new nation.
The court ruled that the new president, Thomas Jefferson, via his secretary of state, James
Madison, was wrong to prevent William Marbury from taking office as justice of the peace for
Washington County in the District of Columbia. However, it also ruled that the court had no
jurisdiction in the case and could not force Jefferson and Madison to seat Marbury. The Judiciary
Act of 1789 gave the Supreme Court jurisdiction, but the Marshall court ruled the Act of 1789 to
be an unconstitutional extension of judiciary power into the realm of the executive.
In writing the decision, John Marshall argued that acts of Congress in conflict with the
Constitution are not law and therefore are non-binding to the courts, and that the judiciary's first
responsibility is always to uphold the Constitution. If two laws conflict, Marshall wrote, the
court bears responsibility for deciding which law applies in any given case. Thus, Marbury never
received his job.
Jefferson and Madison objected to Marbury's appointment and those of all the so-called
"midnight judges" appointed by the previous president, John Adams, after Jefferson was elected
but mere hours before he took office. To further aggravate the new Democratic-Republican
administration, many of these Federalist judges--although Marbury was not one of them--were
taking the bench in new courts formed by the Judiciary Act, which the lame-duck Federalist
Congress passed on February 13, 1801, less than a month before Jefferson's inauguration on
March 4.
As part of the "Revolution of 1800," President Thomas Jefferson and his Democratic-Republican
followers launched a series of attacks against the Federalist-controlled courts. The new
Democratic-Republican-controlled Congress easily eliminated most of the midnight judges by
repealing the Judiciary Act in 1802. They impeached Supreme Court justice Samuel Chase, but
acquitted him amidst inner-party squabbles. The Chase acquittal coupled with Marshall's
impeccably argued decision put an end to the Jeffersonian attack.
Name:
Date:
US Government
Marbury v. Madison Worksheet
Directions: Answer the questions that follow.
1. What was John Adams’ “midnight appointments?”
2. Why wouldn’t Jefferson (and by extension, Madison) want Marbury and other Adams
appointees to take office?
3. Who was John Marshall?
4. Does the Constitution actually say that the Supreme Court has the power to rule
something unconstitutional?
5. What do you think Jefferson would have done if Marshall ruled against him in this case?
6. What is judicial review?