Marbury vs Madison

Marbury v. Madison

Americans 1st Supreme Court Case

Marbury v. Madison was a Supreme Court Case that established:

Judicial Review

Judicial Review is

• The right (or check) of the Supreme Court to rule cases, law or actions constitutional or unconstitutional.

• Constitutional means that it abides by the constitution

• Unconstitutional means that it goes against the constitution, therefore it is not allowed.

Here is how the case started:

Background: President Adams, just before leaving office appointed Marbury as a justice of the peace. The new Secretary of State, James Madison, refused to deliver his commission (official papers) making him a justice of the peace. Marbury asked the Supreme Court to require Madison to deliver his commission. The 1^st congress had passed the Judiciary Act of 1789 to create the lower federal courts. Marbury argued the act gave the Supreme Court the power to force Madison to deliver the commission.

What did the Supreme Court decide?

Decision/Significance: The Court ruled that the part of the Judiciary Act that gave the Supreme Court the power to order delivery of the Commission went against the Constitution. The Court declared that part of the act to be null and void. This case established judicial review- the right of the Supreme Court to declare a law unconstitutional. This greatly strengthened the power of the judiciary by making it the final authority in interpreting the Constitution. 

Answer the following questions in complete sentences.

Open Ended

1. Why was the court ruling in Marbury v. Madison of such importance? Explain

Reorder

Put the following events in order:

• Before Adams leaves office, he appoints the "Midnight Judges."

• When Jefferson takes office, he & his secretary of state, James Madison refuse to deliver the rest of the commissions.

• William Marbury does not receive his commission so he sues Madison.

• The Supreme Court hears the case.

• The Supreme Court rules that the Judiciary Act was unconstitutional thus giving them the power of Judicial Review & denying William Marbury his commission.

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Dropdown

The case of Marbury v. Madison is important because it established​

Select answer

The power of the Supreme Court to nullify a law by declaring it ​

Select answer

.​

Multiple Choice

Who did William Marbury sue for not delivering his commission?

• Thomas Jefferson

• John Adams

• James Madison

• J

Match

Match the following person to their correct description:

• John Marshall

• John Adams

• Thomas Jefferson

• James Madison

• William Marbury

Chief Justice

2nd President; appointed midnight judges

3rd President

Jefferson's Secretary of States

Sued James Madison to get his commission

• Chief Justice

• 2nd President; appointed midnight judges

• 3rd President

• Jefferson's Secretary of States

• Sued James Madison to get his commission

Multiple Choice

What is judicial review?

• The ability of the Supreme Court to rule laws & actions of the other branches, unconstitutional.

• The ability of the 3 branches to have checks & balances over each other.

• The ability of Congress to create all lower federal courts.

Multiple Select

Why is Marbury v. Madison significant for the Supreme Court?

Choose two.

• It made the Supreme Court equal in power and statues to the executive and legislative branches.

• Marbury v. Madison strengthened the idea of checks & balances in the federal government & made the Supreme Court the final word on the constitutionality of the law.

• It made the executive the strongest branch among the other 3.

• It gave the Supreme Court the ability to create laws.

• Marbury v. Madison strengthened the idea of popular sovereignty by allowing the people to nullify federal laws.