Judicial Review

Marbury V. Madison

And Judicial Review

Poll

You have been asked to write a paragraph about Marbury V. Madison establishing Judicial Review, and its importance to our government today. What grade would you get on that paragraph? (Be honest!)

• A-B

• B-C

• C-D

• D-F

The History of the Case

• Election of 1800

  • Thomas Jefferson (Democratic Republican)

    VS.

  • John Adams (Federalist)-incumbent

• Jefferson wins the election

• Adams scrambles to preserve the Federalist legacy in the government

  • Appoints as many judges as possible in his last days

    • Remember-Judges serve for life!

Open Ended

How would a life term for judges help preserve a the Federalist's legacy?

History of the Case

• Jefferson becomes President (1801)

• Orders James Madison not to deliver the remaining appointment letters from Adams

• William Marbury is one of those letters that did not get delivered

  • He has been already approved by the Senate

• Marbury requests a writ of mandamus

Poll

Should Marbury's letter be delivered, allowing him to become a judge?

Remember: he was approved by the senate- but his letter was never delivered....

• Yes

• No

Writ of Mandamus

• Order from the court to a lower government official requiring them to do their job

• Judicial Act of 1789

  • Established lower courts

  • Gave the SC the power to issue Writs of Mandamus on Original Jurisdiction Cases

• Madison ignores the Writ of Mandamus

  • Marbury Sues

The Questions

3 Major questions:

1. Does Marbury have the legal right to his commission?

2. If yes, is the court-ordered writ of mandamus the proper legal means to get the commission?

3. If yes, does the Court have the authority to grant the writ of mandamus?

The Answers

1. Does Marbury have the legal right to his commission?

2. If yes, is the court-ordered writ of mandamus the proper legal means to get the commission?

3. If yes, does the Court have the authority to grant the writ of mandamus?

Impact

1. Gives the SC the power of Judicial Review

   1. principle of government

   2. check on the other branches

2. SC is the final interpreter of the Constitution

3. Has enormous impacts on our society today

   1. EX. Plessy v. Ferguson & Brown V. BOE

   2. EX. Loving V. Virginia

THE MOST IMPORTANT SUPREME COURT CASE

Reorder

Put the following in chronological order

• Jefferson wins election

• Adams appoints last minute judges before he leaves

• Madison refuses to deliver letters- Marbury sues for letter

• SC hears Case

• Writ of Mandamus unconstitutional- Judicial review established

1

2

3

4

5

• 1
• 2
• 3
• 4
• 5

Match

Match the following

• Writ of Mandamus

• Judicial Review

• Original Jurisdiction

• Madison

• Marbury

Order to lower gov't official to do their job

Power of the SC to declare acts/laws unconsitutional

The first court to hear a case

Jefferson's Secretary of State

Appointed judge by Adams

• Order to lower gov't official to do their job

• Power of the SC to declare acts/laws unconsitutional

• The first court to hear a case

• Jefferson's Secretary of State

• Appointed judge by Adams

Multiple Choice

In Judicial Review, judges decide cases based on personal opinion and beliefs about the case

• True

• False

Poll

After this lesson, what grade would you get on your paragraph about Marbury V. Madison, the establishment of Judicial Review and its impacts on government today?

• A-B

• B-C

• C-D

• D-F