1. Marbury v. Madison
1803

2. Jefferson defeats incumbent Adams in Presidential election of 1800
Jefferson defeats incumbent Adams in Presidential election of Adams’ last day in office is March 3, 1801.

5. Adams and Jefferson

6. Congress, in support of Adams, established 16 new judgeships and many other offices.

7. Chief Justice Oliver Ellsworth of the S. C
Chief Justice Oliver Ellsworth of the S.C. resigns; Adams chooses John Marshall, Secretary of State, as replacement.

8. John Marshall

9. March 2, 1801: Adams signs commissions appointing “midnight justices” until 9:00 pm. Senate confirms.

10. Secretary of State (Marshall) is supposed to affix the Great Seal of the U.S. He didn’t finish.

11. One of the “forgotten” appointments is for James Marshall, John’s brother, as circuit judge for D.C.

12. Jefferson takes office March 4; several commissions delivered that morning.

13. Thomas Jefferson

14. James Madison

15. Jefferson learns of appointments: “an outrage on decency” and “personally unkind.”

16. James Madison, Jefferson’s Sect’y of State

17. Madison not in D. C. yet; acting Sect’y is Levi Lincoln
Madison not in D.C. yet; acting Sect’y is Levi Lincoln. Jefferson gives Lincoln his own list of JPs, 7 of which are different than Adams’.

18. January, 1802: TJ supports a Repeal Bill to eliminate new judgeships, and June term of Court is abolished. Purpose: avoid constitutional challenge from Federalists.

19. William Marbury, 41, one of the “eliminated” JPs

20. Marbury, along with 2 others, asks Court to order Madison to distribute commissions – a writ of mandamus.

21. The Court is empowered by Congress to issue such a writ by the Judiciary Act of 1789

22. Marshall tells Madison to show cause why order should not be issued
Marshall tells Madison to show cause why order should not be issued. Madison stalls.

23. Plaintiffs do not have physical proof of commissions
Plaintiffs do not have physical proof of commissions. James Marshall signs affidavit that commission had been signed and sealed

24. Marshall’s Dilemma

26. John Marshall

27. Certainly there is not a word in the Constitution which has given that power (Judicial Review) to them (the Courts) more than to the Executive or Legislative branches.    —Thomas Jefferson

28. John Marshall
"It is emphatically the province and duty of the judicial department to say what the law is."

29. John Marshall

30. Marshall never declared another act of Congress unconstitutional
Marshall never declared another act of Congress unconstitutional. It was not until 1857 that the Supreme Court again invalidated an act of Congress .

31. In the notorious Dred Scott case, Chief Justice Taney invalidated the 1820 Missouri Compromise. His decision that Congress could not end slavery in the territories damaged the Court's reputation, and threatened the viability of judicial review.

32. The opinion did not even mention Marbury, which was not cited as an authority for judicial review until Not until 1895 was it employed in actually striking down an act of Congress.