Marbury v Madison

Marbury v. Madison (1803)

Case Study

Argued: February 11, 1803

Decided: February 24, 1803

Instructions

Read each slide for information on Marbury v Madison. After each slide you will be asked a question about the previous paragraph.

Background and Facts

In the early 1800s, the Constitution was still very new. There were a lot of questions about what it meant and what powers it gave to the different branches of the government. This was true when it came to the powers of the Supreme Court. Many of the powers the Supreme Court has today, like the power to declare laws unconstitutional, did not yet exist. This case is important because it explains how the Supreme Court got that power.

Multiple Choice

Did the Supreme Court have the power to declare laws unconstitutional before Marbury v Madison?

• Yes

• No

In 1801, President John Adams appointed many judges just before the end of his presidential term. Secretary of State John Marshall was supposed to finish the paperwork and deliver it to the new judges, but he did not deliver the papers to 17 of these judges. When Thomas Jefferson became president, he appointed James Madison as his new secretary of state. President Jefferson told Madison not to deliver the papers. He belonged to a different political party than President Adams and many of the judges he appointed. President Jefferson wanted to appoint his own judges from his own political party instead. Without the papers, the judges that President Adams appointed could not take office.

Multiple Choice

Why did Thomas Jefferson tell Madison not to deliver the commissions?

• He disliked Marbury personally

• He thought the commissions were illegal

• He was from a different political party and didn't want Federalists getting the jobs

• He wanted to become a judge himself

William Marbury was one of the judges who did not receive his paperwork. He sued James Madison and asked the Supreme Court to issue an order that would require Madison to deliver his papers. Marbury said that the Judiciary Act of 1789 gave the Supreme Court the power to issue these orders to U.S. government officials.

Multiple Choice

Marbury said which law gave the Court the power to issue the order to Madison to deliver his commission?

• Judicial Branch Act of 1788

• Judiciary Act of 1789

• Marbury Act of 1787

• Civil Rights Act of 1964

Poll

The Constitutional Question is: Does the Supreme Court have the power to order Madison to deliver the papers?

What do you think?

• Yes

• No

For the next several slides:

You will be shown an argument for either Marbury or for Madison.

Read the argument and select who it is an argument in favor for.

Marbury: the commission should be delivered, the Court can give the order

Madison: The Court cannot give the order, the commission shouldn't be delivered.

Multiple Choice

Who does this argument support:

Marbury should be appointed because President Adams ordered it.

• Marbury

• Madison

Multiple Choice

Who does this argument support:

Marbury’s appointment did not happen because his papers were not physically delivered before the end of President Adams’ term.

• Marbury

• Madison

Multiple Choice

Who does this argument support:

The Judiciary Act of 1789 gives the Supreme Court the power to order Madison to deliver the papers.

• Marbury

• Madison

Multiple Choice

Who does this argument support:

The question of whether Marbury’s appointment was lawful is a political question, not a judicial issue. Political questions are issues that the Court should not decide. Sometimes this is because the Constitution does not give the Court enough guidance to decide the issue. Sometimes this is because the issue is one for another branch of government (the legislative branch or executive branch) to decide.

• Marbury

• Madison

The Decision

In a unanimous decision, the Supreme Court ruled that Marbury had a right to receive the papers. However, the Court also said that they did not have the power to order Madison to deliver the papers.

The Decision

The opinion was written by Chief Justice Marshall. It held that Marbury had a right to the papers because all the correct procedures were followed: the papers were properly signed and sealed. However, the Court also held that the Constitution did not give the Supreme Court the power to order Madison to deliver the papers. The Court said that the Judiciary Act of 1789 conflicted with the Constitution. They thought the law gave the Supreme Court more power than the Constitution did. Therefore, according to the Constitution, the Supreme Court did not have the power to decide this case.

Multiple Choice

Why did the Supreme Court refuse to order Madison to give Marbury the commission?

• They didn't have the power to

• They were all the same political party as Jefferson

• Madison bribed them

• Marbury's job as a judge was illegal

Impact of the Case

Marbury v. Madison established the concept of judicial review. This means that the judicial branch has the power to decide whether executive orders and laws passed by Congress or the states conflict with the Constitution. If the court thinks that the law and the Constitution are in conflict, the law is unconstitutional and will be struck down. This case said that the Constitution is the supreme law of the land and that the Supreme Court has the power to decide what it means.

Fill in the Blank

The Supreme Court can rule laws and executive orders unconstitutional.

What is this power called?

1. Go to Google Classroom.

2. Select the google doc.

3. Read the three sources

   1. Source 1: Article III of the Constitution

   2. Source 2: Article VI of the Constitution

   3. Source 3: A letter from Thomas Jefferson

4. After reading the sources, answer the question below:

   "What role should the Supreme Court play in the way that the government works?"

​

​Next:

Multiple Choice

What should you do next?

• Open the google doc in google classroom, read the sources, and answer the questions.

• Makeup work

• an assignment for another class

• Sleep!