The creation of judicial review Marbury v. Madison (1803) The creation of judicial review

The Plaintiff William Marbury Federalist John Adams’ “midnight appointments” Appointed to bench, but commission never received Wants court to issue writ of mandamus

The Defendant(s) James Madison Thomas Jefferson Jefferson’s Secretary of State Democratic-Republican Does not deliver the commission Thomas Jefferson Third President of the United States Democratic-Republican

The Questions 1. Does Marbury have a right to the commission he demands? 2. If that right has been violated, do the laws of the U.S. afford him a remedy? 3. Is this remedy a writ of mandamus from the Supreme Court?

The Court The Supreme Court consisted of 6 justices, ALL Federalists John Marshall is Chief Wanted to strengthen the federal government and the Supreme Court

The Answers, a.k.a. The Ruling 1. Does Marbury have a right to the commission he demands? YES 2. If that right has been violated, do the laws of the U.S. afford him a remedy? YES 3. Is this remedy a writ of mandamus from the Supreme Court? NO!!

Marshall finds a way out Judicial Act of 1789 had given the Supreme Court the power to issue writs of mandamus Judicial Act of 1789 also enlarged the scope of the Supreme Court’s original jurisdiction (Article 3, Section 2 of US Constitution) Marshall declares Judicial Act of 1789 “unconstitutional”, must be revoked

Impact Supreme Court established “judicial review” over federal law HUGE EMPOWERMENT OF SUPREME COURT Court later established judicial review over state laws in Dartmouth College v. Woodward, 1819 Court did not declare another law unconstitutional for over 50 years, but power was established Court’s ability to check and balance flourished