Thinking Question What do you know about the history of the United States between 1801 and 1850?

United states history Class #1, Week of January 22

Unit 3: the age of Jackson (1801 – 1850)

Marbury v. Madison and Judicial Review

The Facts in Marbury President Adams appointed Marbury as Justice of the Peace for D.C.; one of dozens of lame duck judicial appointments New President Jefferson ordered Secretary of State Madison NOT to deliver Marbury’s (and others’) commissions Marbury sued Madison, seeking a Writ of Mandamus Following the Judiciary Act of 1789, the case went straight to the Supreme Court

Chief Justice John Marshall Marshall was a staunch Federalist He served as Chief Justice for 34 years (1801 – 1835); still one of the longest tenures of any Supreme Court justice His decisions during those 34 years established the Court as a co-equal branch of the national government

The Court’s Dilemma If the Court ruled that Marbury did NOT have a legal right to his commission: The Federalists would lose out on all of Adams’ lame duck judicial appointments that had not been delivered; The Court would look weak – they would be admitting that they had no power to force Madison and Jefferson to deliver the commissions If the Court ruled that Marbury DID have a legal right to his commission and issued the Writ of Mandamus: Jefferson would likely refuse to follow the Court’s order; Making the Court look even weaker, and proving that they had no power over the Executive Branch

Marshall’s Decision 1) Marbury DID have a legal right to his commission as Justice of the Peace 2) The Court DID have the power to order government officials to “do their duty” In cases of “ministerial” duties, but not in cases of “political” duties 3) BUT – the Court could not issue a Writ of Mandamus in this case, because the section of the Judiciary Act giving the Court original jurisdiction in this case was Unconstitutional Article III of the Constitution gives the Court original jurisdiction in cases involving foreign officials or in which a state is a party

Judicial Review After Marbury Marbury v. Madison firmly established the Supreme Court’s power to strike down laws that it deems to be Unconstitutional That power has never been seriously questioned ever since

Homework Textbook: Chapter 10, Sections 1 & 2 Homework Assessment: HW Quiz ONLY Similar format to what you are used to Open Notes We will also have a formalized discussion of the reading, for a separate grade