Marbury v. Madison
1803
Ms. Muraca
American Government
Period 2
10/8/10
The Story
• Jefferson defeats incumbent Adams in Presidential
election of 1800.
– Adams’ last day in office is March 3, 1801.
• Congress, in support of Adams, established 16 new
judgeships and many other offices.
– March 2, 1801: Adams signs commissions appointing
“midnight justices.”
• William Marbury was one of the Justices.
• Secretary of State is supposed to affix the Great Seal of
the U.S and deliver the commissions.
– He didn’t finish.
• Jefferson orders his Secretary of State James Madison
Not to deliver the commission
• Marbury takes case to Supreme Court to ask for a writ of
mandamus commanding Madison to deliver the
commission under the Judiciary Act of 1789.
Issue Under Debate
 Did Marbury have a right to the
commission?
 If so, was he entitled to some remedy
under United States law?
 Was that remedy a writ of mandamus
from the Supreme Court?
What Law Was Under
Discussion?
• Judiciary Act of 1789
– Court given exclusive original jurisdiction over all
civil actions between states, between a state and
the U.S., & all suits and proceedings brought
against ambassadors and other diplomatic
personnel
– Granted the Supreme Court the power to issue
writs of mandamus outside its appellate
jurisdiction
Majority Opinion
 Did Marbury have a right to the commission?
– YES
• Once the U.S. seal had been affixed, Marbury had been legally
appointed
 If so, was he entitled to some remedy under
United States law?
– YES
 Was that remedy a writ of mandamus from the
Supreme Court?
– NO
• The Judiciary Act of 1789 was unconstitutional
– Congress could not expand the Courts original jurisdiction.
– Constitution did not give the Court the authority to issue writs
• “It is emphatically the province and duty of the judicial
department to say what the law is…If two laws conflict with each
other, the courts must decide on the operation of each.”
Principle Established as
a Result
• Judicial Review
– the power of the Supreme Court to void
acts of Congress in conflict with the
Constitution
"It is emphatically the province and duty of
the judicial department to say what the law
is.” – John Marshall
Who Won?
• Madison
– He did not
have to deliver
commission.
• The Supreme Court
– Claimed power to
rule acts of
Congress
unconstitutional
Chief Justice
John Marshall
• Adams’ Secretary of State
• Became Chief Justice on
January 31, 1801
• Thomas Jefferson’s cousin
• Repeatedly confirmed the
supremacy of federal law
over state law
• Supported an expansive
reading of the enumerated
powers.
Case’s Impact
• Key role in making the Supreme Court a
separate branch of government on par
with Congress and the executive
• Established Judicial Review
– forever after the Supreme Court has had
the power to rule laws unconstitutional.
• No other laws ruled unconstitutional for
another 50 years – until 1857
Works Cited
Kommers, Donald P., John E. Finn, and Gary J. Jacobsohn. "Marbury v. Madison."
American Constitutional Law: Essays, Cases, and Comparative Notes.
Lanham, MD: Rowman & Littlefield, 2010. 80-84. Print.
"Marbury v. Madison." Landmark Cases of the Supreme Court. Street Law, Inc.
Web. 05 Oct. 2010. <http://www.streetlaw.org/en/Case.1.aspx>.
"Marbury v. Madison." Supreme Court Case Studies. New York: McGraw Hill, 2008.
1-2. Print.
"Marbury vs Madison." UMKC School of Law. Web. 05 Oct. 2010.
<http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/marbury.html>.
"Marbury v. Madison." West's Encyclopedia of American Law. Ed. Shirelle Phelps
and Jeffrey Lehman. 2nd ed. Vol. 6. Detroit: Gale, 2005. 424-428. Gale
Virtual Reference Library. Web. 5 Oct. 2010.
Sheppard, Steve. "Marbury v. Madison." Dictionary of American History. Ed. Stanley
I. Kutler. 3rd ed. Vol. 5. New York: Charles Scribner's Sons, 2003. 235236. Gale Virtual Reference Library. Web. 5 Oct. 2010.