1. Article III Reminders Brief! Created a Supreme Court
Gave original jurisdiction in two cases (where ambassadors are involved or where a state is a party)
Congress could:
Create more courts
Control appellate jurisdiction
Judicial independence protected

2. Judiciary Act, 1789 Passed under Washington
Federalist Congress did what the Constitution gave them the power to do
BUT also included writ of mandamus…

3. Federalist Appointments, 1801
Outgoing Adams administration filled over 40 judicial positions to Federalist-leaning judges
His Sec. of State failed to deliver papers…so people like Marbury never got their job

4. Jefferson’s Refusal, 1801
Jefferson says “too bad” Federalists!  refused to deliver papers

5. Marbury’s Plan How can I still get my job?! Judiciary Act of 1789!
Supreme Court can force Madison to do his job and deliver the papers

6. The Question Before the Court
Wait a second…Marbury in our Court is a kind of original jurisdiction….
But he’s not an ambassador!
And the state is not a party!
The Judiciary Act of 1789 says he can be here but the Constitution says he cannot
What do we do?!

7. Decision of the Court We think Marbury is right and Madison is wrong
BUT, sorry Marbury, we can’t help you…we don’t have original jurisdiction in this case
Judiciary Act of 1789 that says we can hear your case is unconstitutional  judicial review

8. Jefferson’s Reaction How do you suppose Jefferson felt about the case?
On the one hand, it benefited him  ?
On the other hand, it violated his political principles  ?