Marbury V Madison

Supreme Court

People elect the members of the executive and legislative branches; while, the President appoints, and the Senate confirms members of the judicial branch. Article III of the Constitution establishes the judicial branch with the role of interpreting the law. 

Multiple Choice

What is the role of the judicial branch (Supreme Court)?

• Execute the laws

• Interpret the laws

• Make the laws

• Write the laws

Marbury vs Madison

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Open Ended

What are three key terms you see in the image.

Background

After the election and before Jefferson took office, the Federalists passed an act to expand the nation's court system. John Adams used this act, the Judiciary Act of 1801, to make hundreds of appointments during his last days as president. Adams also asked John Marshall to serve as chief justice. Congress was then still under Federalist control and supported Adams's choices. In this way, Adams blocked Jefferson from making appointments and made sure the Federalists controlled the courts.

Multiple Choice

Q2. Why did President John Adams appoint federal judges before leaving office?

• Adams was trying to fill as many appointments as he could with Federalist judges so the government would be run by Federalists

• Adams was trying to fill as many appointments as he could with Democratic-Republican judges so the government would be run by Democratic-Republicans

• Adams wanted to make sure the appointments were fair and chose judges from both parties so the government would be balanced

• Adams procrastinated and didn't get around to making the appointments until the very last moments of his presidency

Multiple Choice

Q3. Who did John Adams choose as Chief Justice of the Supreme Court?

• John Marshall

• William Douglas

• Potter Stewart

• Sam pott

Background cont.

Adams's appointments could not take effect until these last-minute appointees, known as "midnight judges," received certain official papers, called commissions. When Jefferson became president, some of these appointees had not yet received their letters of commission. Jefferson told Secretary of State James Madison not to deliver them. One of the appointees who did not get his commission was William Marbury. He asked the Supreme Court to force its delivery. The Court said it did not have the jurisdiction—the legal authority —to force delivery of Marbury's commission. Marbury had argued that an act of Congress gave the Court such authority, but the Court ruled that the act violated the Constitution. 

Multiple Choice

Q4. To keep Federalist power in the federal government, Adams chose last minute judges to the Supreme Court this was known as?

• Pinckney's Treaty

• Spoils System

• XYZ Affair

• Midnight Appointments

Multiple Choice

Q5. William Marbury never received his _________, which is paperwork assigning someone a job.

• tribute

• commission

• constitution

• bill

Decision/Significance: 

The ruling in Marbury v. Madison in 1803, affected much more than William Marbury's career. In this landmark case, Chief Justice John Marshall established the three principles of judicial review: (1) the Constitution is the supreme law of the land; (2) the Constitution must be followed when there is a conflict with any other law; and (3) the judicial branch can declare laws unconstitutional. In short, Marshall claimed for the courts the power to find acts of other branches unconstitutional. Judicial review is a key check on the legislative and executive branches.

Multiple Choice

Q6. The power of judicial review vested in the Supreme Court gives them the ability to --

• veto laws passed by Congress.

• review the Constitution and make laws.

• impeach a president or member of Congress for doing something unconstitutional.

• review laws passed by Congress or actions of the President & declare them unconstitutional.

Multiple Choice

Q7. The decision in Marbury v. Madison was significant in U.S. history because it —

• reinforced federal authority over American Indian affairs

• established the practice of judicial review by the Supreme Court

• confirmed the power of Congress to regulate interstate commerce

• upheld the power of the Electoral College to choose the vice president