Marbury vs. Madison (1803) Essential Skill: Assess the Supreme Court case of Marbury vs. Madison and draw conclusions as to how the case should have been decided.

The Judicial Power Question: What is the power of “Judicial Review”? The Supreme Court can nullify a law if they deem it unconstitutional. Question: Where is this power listed in the Constitution? It is NOT written expressly in the Constitution. No country had judicial review in 1787. Many countries still do not have judicial review today Your Mission: Decide as a Supreme Court whether this case was decided correctly.

Original vs. appellate jurisdiction TERMS YOU NEED TO KNOW: Original Jurisdiction: authority to be the first court to hear a case Appellate Jurisdiction: authority to review a lower court’s decision on a case (most Supreme Court cases are from appeals)

Marbury vs. Madison (1803) Background Facts: President John Adams loses election of 1800 to Thomas Jefferson Pres. Adams appoints many Federalist judges before leaving office. John Marshall (Adam’s Sec. State) delivers the judicial appointments, but some were not delivered. Oops!! Madison (Jefferson’s new Sec. State) refuses to deliver those appointments. Marbury, one of the newly appointed judges, sues Madison to be appointed as a judge. Guess who is the new Chief Justice of the Supreme Court? John Marshall (the outgoing Sec. State) Question: Should Marshall have ruled on this case? Question: What is the possible constitutional crisis? Pres. John Adams Pres. Thomas Jefferson

Supreme Court’s Decision Chief Justice John Marshall wrote Unanimous opinion strengthening Supreme Court’s power: Marbury had a right to his appointment Courts may order public officials to do their duty (“writ of mandamus”) BUT….Court could not do so in this case because…. The law that gave the Supreme Court original jurisdiction over this case (as a “writ of mandamus”) was UNCONSTITUTIONAL. Constitution is supreme law of land, so… Supreme Court may strike down laws of Congress that conflict with the Constitution. Sec. James Madison

Your Turn: interpret the constitution WRITE AN OPINION! In each Supreme Court you will: Read Article III, Section 2 silently. Discuss both questions with group members. (5 minutes) Write a paragraph answering Questions 1 and 2. (10 minutes) (Write your name at the top. These will be collected for a classwork grade.) Choose a Chief Justice Read your “opinion” (your paragraph) in order of Seniority (Age; Chief Justice first) Vote in reverse order of Seniority (Age; Chief Justice last) The Court will Write a Majority Opinion for each question (1 paragraph) The minority will Write a Dissenting Opinion for each question (1 paragraph)

Answer these two Questions Question 1 - Does the “Judicial Power” include the power of Judicial Review? Read Article III, Sec. 2, Clause 1 and write a paragraph (6 to 8 sentences) arguing whether the Constitution gives the Supreme Court the right to rule Acts of Congress unconstitutional. Question 2 – Could the Supreme Court hear this case under “Original Jurisdiction”? Read Article III, Sec. 2, Clause 2 and write a paragraph (6 to 8 sentences) arguing whether the Supreme Court had a right to hear this case under its “Original Jurisdiction”.