Marbury v. Madison 1803

1. Federalist 2nd President

Jefferson ( Democrat/Republican) http://youtu.be/Y_zTN4BXvYI Jefferson ( Democrat/Republican) defeats Adams (Federalist) in the Election of 1800

2. United States Constitution A. Article III created the United States Supreme Court. B. All other courts ( tribunals) created by Congress. The first law that created the Federal Judiciary is the Judiciary Act of 1789. Created a 6 member SCOTUS

3. Midnight justices On his last day, Adams fills courts with as many Federalist judges as possible They were called “midnight judges” - Adams waited until 9 o’clock on his last night as President to sign their commissions.

4. Marbury V. Madison 1803

5. William Marbury (Federalist) was appointed to the 6 5. William Marbury (Federalist) was appointed to the 6.DC Justice of the Peace and was affected by Jefferson’s decision was denied his position because he did not have his commission.

orders his Secretary of State James Madison Democrat/ Republican 7. President Jefferson (Democrat/Republican) orders his Secretary of State James Madison Democrat/ Republican not to give out the papers to any of the judges

9. President Jefferson (Democrat/Republican)becomes President on March 3rd and the by the next day some of Adams’ judges have not yet received their official commissions (17) Jefferson says “too bad” they cannot be judges!

10 months later…. Marbury demands that the Supreme Court examine the case and force the executive branch to hand out papers

10 Marbury says Judiciary Act of 1789 gives the Supreme Court the right to do this Article 13 SCOTUS may issue Writs of Mandamus (Court order compelling government to do something)

Chief Justice under Jefferson 8 Federalist Adam’s Sec of State Chief Justice under Jefferson

After 14 months hiatus. John Marshall, the chief justice and the Supreme Court, listens to Marbury v Madison in court. (1803) two justice justices are sick

Decision Did Marbury have a right to the commission? Do the laws of the country give Marbury a legal remedy? Is asking the Supreme Court for a writ of mandamus the correct legal remedy?[27]

11. FIRST PART 4-0 2/24/1803 1. Marshall agrees that Marbury had been treated unfairly and was entitled to his commission.

11. SECOND PART 2.Judiciary Act would allow SC to force Madison into making Marbury a judge

11. FINALLY 3. However, the Writ of Mandumus, Marshall decides, gives original jurisdiction to the Supreme Court the Constitution did not and therefore the law was unconstitutional

12.

Judiciary Act of 1789 Article 13 Gave original jurisdiction to SCOTUS the Constitution did not . The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases herein after provided for; and shall have power to issue writs of prohibition to the district courts [...] and writs of mandamus [...] to any courts appointed, or persons holding office, under the authority of the United States.— Judiciary Act of 1789, § 13 The US Constitution Article III Section 2 Clause 1 In all cases affecting.. ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

"It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each.“ john Marshall

Marshall’s ruling affirms. Judicial Review - Supreme Court. can Marshall’s ruling affirms Judicial Review - Supreme Court can declare act of Congress unconstitutional

Judicial review has increased the Supreme Court’s legal authority… making it a much stronger branch

14.

A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents." —Alexander Hamilton, Federalist No. 78

BTW Jefferson and Marshall were cousins and did not like each other!