1. Establishment of Judicial Review
Marbury v. Madison 1803
Establishment of Judicial Review

2. Weaknesses of the Federal Government in 1800
Some states claimed that they were still sovereign.
Most citizens felt that their allegiance was to their state not to the United States.
National government dependent on state militias to suppress insurrections, such as the Whiskey Rebellion of 1794.
Limited sources of revenue, primarily duties on foreign imports and excise taxes on luxuries, such as whiskey.

3. Democratic-Republican Party
Founded by Thomas Jefferson in 1789.
Favored states' rights, rather than a strong national government.
Favored rural, agricultural interests, rather than manufacturing.
Supported the legitimacy of the French Revolution ( ) and opposed close ties with Great Britain.

4. Federalist Party Founded by Alexander Hamilton in 1781.
Advocated a Constitution and a strong national government.
Favored an industrialized, urban, commercial nation.
Favored a strong national army and navy.
Advocated closer relations with Great Britain.

5. Federalist Party Founded by Alexander Hamilton in 1781.
Advocated a Constitution and a strong national government.
Favored an industrialized, urban, commercial nation.
Favored a strong national army and navy.
Advocated closer relations with Great Britain.

6. Federalist Party Founded by Alexander Hamilton in 1781.
Advocated a Constitution and a strong national government.
Favored an industrialized, urban, commercial nation.
Favored a strong national army and navy.
Advocated closer relations with Great Britain.

7. Federal Judiciary in 1801 Supreme Court Circuit Courts District Courts
Courts for the
District of Columbia

8. Key Dates
November 1800: Jefferson wins presidential election and Democratic-Republican Party wins a majority of seats in Seventh Congress.
November 1800 – March 1801: Lame duck Congress with a Federalist majority passes laws.
March 4, 1801: Jefferson is inaugurated and new Congress begins sitting.
Adams is so humiliated that he skips the inauguration and leaves Washington, DC, alone.

9. The Midnight Judges
“One of Adams's last official acts was to fill a large number of lifetime judgeships with Federalist judges. These were the so-called “midnight judges,” whose appointments angered Jefferson's party because Adams named them after the election. Among them was Secretary of State John Marshall, whom Adams appointed Chief Justice of the United States.
Marshall's 30-year tenure firmly established the prestige of the judicial branch of the government and strengthened the federal government much as Adams and the Federalist Party would have wished it to be strengthened.” (Encarta Encyclopedia)

10. Marbury v. Madison (1803)
This opinion is a government document, a type of primary source.
It is the most important early Supreme Court decision.
The Supreme Court of the United States established its authority to review and invalidate government actions that conflict with the Constitution of the United States.
This authority is known as the Power of Judicial Review.

11. The Facts
In February 1801 Congress passed a law establishing a government for D. C.
Just before leaving office, Adams nominated William Marbury to be a Justice of the Peace for D. C.
The Senate confirmed Marbury’s appointment.
President Adams signed the commission, and Secretary of State John Marshall affixed the Great Seal on the commission.

12. The Facts
In the rush of business, Secretary of State John Marshall failed to deliver his commission to Marbury.
On March 4, 1801, the new Secretary of State, James Madison, found the commission on his desk.
President Jefferson instructed Madison not to deliver the commission.
Marbury went to the Supreme Court and requested a writ of mandamus ordering Madison to deliver his commission. (A writ or order of mandamus is an extraordinary court order because it is made without the benefit of full judicial process)
The Judiciary Act of 1789 authorized the Supreme Court to issue writs of mandamus.

13. The Issues Marshall spoke for a unanimous Court.
Is Marbury entitled to his commission?
Answer: Yes
Is a writ of mandamus the appropriate remedy for the wrong done to Marbury?
Can the Supreme Court issue the writ of mandamus to Madison?
Answer: No

14. Reasoning The Constitution is the supreme law of the land.
All laws that conflict with Constitution are null and void.
The mandamus provision of the Judiciary Act of violates Article III of the Constitution and, therefore, is null and void.
Judges cannot enforce unconstitutional laws.

15. Ticket Out The Door How important is the power of judicial review?
Name a state or federal law that the U. S. Supreme Court has declared unconstitutional over the past 60 years?
Is this a dangerous power?