Establishing Judicial Review Marbury v. Madison Establishing Judicial Review

Background Election of 1800 Federalists lose control of both the House & Senate. Federalists also lose the White House due to the loss of John Adams to Thomas Jefferson. Lame Duck Federalists would not leave office until March. Before inauguration the Federalist Congress passes the Judiciary Act of 1801, creates 62 new judgeships, Adams fills them with Federalists. Background

Background (cont.) Senate approves all 62 new judgeships. Not all of the commissions however were delivered to the new judges before Jefferson takes office on March 4, 1801. Jefferson orders the commissions withheld. Sec. of State James Madison (it’s the job of the Sec. of State to deliver appointments) obeys Jefferson’s orders. Background (cont.)

William Marbury had been named as a Justice of the Peace in the District of Columbia. His commission was never delivered. He petitions the US Supreme Court for a _______________________________. Background (cont.)

Decision of the Court Question before the Court ______________________________________ ______________________________________ Decision of the Court

Decision of the Court (cont.) Problem: If they order Madison to deliver it, Jefferson/Madison will ignore it, making the Court appear weak. If they don’t order the writ, the Court will appear to be bowing to the Executive Branch. By unanimous vote, the justices agree that Marbury is entitled to the job, but would not order Madison to give it to him. Decision of the Court (cont.)

Decision of the Court (cont.) Rationale: Marshall (chief justice) points out the Constitution does not give the Court original jurisdiction. The power to issue such writs came from the Judiciary Act of 1789, not the Constitution. Because the Constitution is the supreme law of the land, the Judiciary Act of 1789 was unconstitutional. Decision of the Court (cont.)

Societal Impact This case establishes Judicial Review _________________________________ _________________________________ Why is this important? Largely it’s important because this is the power that the Supreme Court most often exhibits today. Societal Impact