Marbury v. Madison The Story of Judicial Review

Marbury v. Madison The Story of Judicial Review

Marbury v. Madison The Story of Judicial Review The Florida Law Related Education Association, Inc. 2017 Benchmarks SS.7.C.3.12 Analyze the significance and outcomes of landmark Supreme Court cases including, but not limited to, Marbury v.

Madison... What if A school rule was passed that did not allow students to ask any questions during school hours? And. There was no way to challenge the rule if you thought it was unfair? The Supremacy Clause (Article VI, Section 2) If there is a conflict

between a lower law and a higher one, the higher one wins. United States Constitution Acts of Congress State Constitutions State Statutes

(laws) City and County Laws The U.S. Constitution is the Supreme Law of the Land. The Judicial Branch Article Three When the U.S. Constitution was written, there were still lots of questions about the judicial branch.

In 1789, shortly after the Constitution was ratified, Congress passed the Judiciary Act of 1789, which established the federal court system. Election of 1800 vs. John Adams Thomas Jefferson (Federalist)

(Democratic-Republican) Election of 1800 November 1800 March 1801 Election Day New President Takes Office Fear that Federalist Party will no longer exist Federalist Congress passes the Judiciary

Act of 1801 The Act gave Adams the power to appoint several new federal judges and justices of the peace before he left office. The Appointments President Adams signs appointments for many new federal judges. His Secretary of State was instructed to deliver the commissions But not all were delivered before President Adams left office.

Midnight Judges Meet William Marbury One of the judges appointed by President Adams that did not receive his commission Commission Checklist Senate Approved Commission Drawn Up Secretary of State Seal

William Marbury Commission Delivered by John Marshall (S of S) NO Marbury Goes to Court Marbury appeals directly to the United States Supreme Court to gain his appointment. He wanted the Supreme Court to issue an order forcing Secretary of State James Madison to give Marbury his Commission. Basis of argument: The Judiciary Act (enacted by Congress) gives the Supreme Court the power to issue

such an order. (Original Jurisdiction) What Does the Constitution Say? Article III, Section 2 (Original jurisdiction of the Supreme Court) The judicial Power shall extend to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States,

between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. Marbury Sues Goes to the U. S. Supreme Court John Marshall Samuel Chase William Cushing Bushrod Washington

William Patterson Alfred Moore Questions Before the Court Question 1: Does Marbury have a right to the Commission? Question 2: Did Marbury have a right to take the case to the United States Supreme Court?

(He did so because of the Judiciary Act of 1789) Question 1: Does Marbury have a right to the Commission? And the final answer to Question 1 is YES When the seal was affixed Chief Justice Marshall: Where there is a right, there must be a remedy. **Marbury wins Question 1**

Question 2: Does Marbury have the right to take the case to the Supreme Court? CONFLICT!!! Judiciary Act of 1789 The Supreme Court has original jurisdiction in this case. US Constitution Article 3:

The Supreme Court has original jurisdiction in specific cases only. Question 2: Does Marbury have the right to take the case to the Supreme Court? And the final answer to Question 2 is NO The Commission cannot be granted. The United States Constitution is the Supreme Law of the

Land. That section of the Judiciary Act is unconstitutional. Unanimous Decision In a unanimous decision, written by Justice Marshall, the Court stated that Marbury, indeed, had a right to his commission. But it also ruled that the Court had no jurisdiction (or power) in the case and could not force Jefferson and Madison to seat Marbury. The Judiciary Act of 1789 gave the Supreme Court jurisdiction, but the U.S. Constitution did not. The Courts first responsibility is to uphold the Constitution. When there is a conflict, the Constitution

prevails. The Supremacy Clause (Article VI, Section 2) If there is a conflict between a lower law and a higher one, the higher one wins. United States Constitution

Acts of Congress State Constitutions State Statutes (laws) City and County Laws The U.S. Constitution is the Supreme Law of the Land.

Significance of the Case: Judicial Review The Courts ruling meant the Supreme Court had the power of judicial review. That is, the Court had the right to review acts of Congress and, by extension, actions of the President. If the Court found that a law was unconstitutional, it could invalidate the law. Marshall argued that the Constitution is the supreme law of the land and that the Supreme Court has the final say over the meaning of the Constitution.

Quoting the Case "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each." Chief Justice John Marshall, 5 US 137 (1803) Judicial Review

The power of the courts to review the actions of other branches or levels of government; especially the power of the courts to declare laws and actions of the executive and legislative branches of government invalid if they are found to contradict the U.S. Constitution. What Happened Next?

Marbury could have sought relief in a lower court first, but He did not. WHY??? Possible Reasons The Commission was for a lower court that expired in 3 years, so it could have expired by the time the case was over. The case could have just been a plot to try to aggravate the conflict between the Federalists and

the Democratic-Republicans. Marbury could have moved on to a new job. What actually happened to Marbury? Marbury went on to become president of a bank in the Georgetown section of Washington in 1814. He died in 1835, the same year as John Marshall. From: Yearbook 1977 Supreme Court Historical Society

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