1. Marbury v. Madison 1803 Ms. Muraca American Government Period 2 10/8/10

2. The Story Jefferson defeats incumbent Adams in Presidential election of 1800. –Adams’ last day in office is March 3, 1801. Congress, in support of Adams, established 16 new judgeships and many other offices. –March 2, 1801: Adams signs commissions appointing “midnight justices.” William Marbury was one of the Justices. Secretary of State is supposed to affix the Great Seal of the U.S and deliver the commissions. –He didn’t finish. Jefferson orders his Secretary of State James Madison Not to deliver the commission Marbury takes case to Supreme Court to ask for a writ of mandamus commanding Madison to deliver the commission under the Judiciary Act of 1789.

3. Issue Under Debate  Did Marbury have a right to the commission?  If so, was he entitled to some remedy under United States law?  Was that remedy a writ of mandamus from the Supreme Court?

4. What Law Was Under Discussion? Judiciary Act of 1789

5. Majority Opinion  Did Marbury have a right to the commission? –YES Once the U.S. seal had been affixed, Marbury had been legally appointed  If so, was he entitled to some remedy under United States law? –YES  Was that remedy a writ of mandamus from the Supreme Court? –NO The Judiciary Act of 1789 was unconstitutional –Congress could not expand the Courts original jurisdiction. –Constitution did not give the Court the authority to issue writs “It is emphatically the province and duty of the judicial department to say what the law is…If two laws conflict with each other, the courts must decide on the operation of each.”

6. Principle Established as a Result Judicial Review –the power of the Supreme Court to void acts of Congress in conflict with the Constitution "It is emphatically the province and duty of the judicial department to say what the law is.” – John Marshall

7. Who Won? Madison –He did not have to deliver commission. The Supreme Court –Claimed power to rule acts of Congress unconstitutional

8. Chief Justice John Marshall Adams’ Secretary of State Became Chief Justice on January 31, 1801 Thomas Jefferson’s cousin Repeatedly confirmed the supremacy of federal law over state law Supported an expansive reading of the enumerated powers.

9. Case’s Impact Key role in making the Supreme Court a separate branch of government on par with Congress and the executive Established Judicial Review –forever after the Supreme Court has had the power to rule laws unconstitutional. No other laws ruled unconstitutional for another 50 years – until 1857

10. Works Cited Kommers, Donald P., John E. Finn, and Gary J. Jacobsohn. "Marbury v. Madison." American Constitutional Law: Essays, Cases, and Comparative Notes. Lanham, MD: Rowman & Littlefield, 2010. 80-84. Print. "Marbury v. Madison." Landmark Cases of the Supreme Court. Street Law, Inc. Web. 05 Oct. 2010.. "Marbury v. Madison." Supreme Court Case Studies. New York: McGraw Hill, 2008. 1-2. Print. "Marbury vs Madison." UMKC School of Law. Web. 05 Oct. 2010.. "Marbury v. Madison." West's Encyclopedia of American Law. Ed. Shirelle Phelps and Jeffrey Lehman. 2nd ed. Vol. 6. Detroit: Gale, 2005. 424-428. Gale Virtual Reference Library. Web. 5 Oct. 2010. Sheppard, Steve. "Marbury v. Madison." Dictionary of American History. Ed. Stanley I. Kutler. 3rd ed. Vol. 5. New York: Charles Scribner's Sons, 2003. 235- 236. Gale Virtual Reference Library. Web. 5 Oct. 2010.