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Marbury v. Madison

Marbury v. Madison. Argued Feb 11, 1803 Decided Feb 24, 1803. Background. 1800 election Adams (F) lost to Jefferson (DR) Adams—”Midnight Judges” Appointed 42 judges March 2 Senate confirmed March 3 Jefferson inaugurated March 4. Background. Secretary of State

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Marbury v. Madison

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  1. Marbury v. Madison Argued Feb 11, 1803 Decided Feb 24, 1803

  2. Background • 1800 election • Adams (F) lost to Jefferson (DR) • Adams—”Midnight Judges” • Appointed 42 judges March 2 • Senate confirmed March 3 • Jefferson inaugurated March 4

  3. Background • Secretary of State • Acted as employment officer of government • Certified job appointments • Under Adams: • John Marshall • Under Jefferson: • James Madison

  4. Background • William Marbury • Adams appointee for judge in DC • Jefferson ordered Madison not to certify appointment • Marbury sued, asked SCOTUS for writ of mandamus

  5. Background • John Marshall • Had been Sec of State • New Chief Justice • The dilemma: • If he issued writ—what if Jefferson ignored it? • If he didn’t—he was scared or weak

  6. Law in Question #1 • US Constitution—A3 §2 ¶2 • In all cases involving Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction. • In all the other Cases … the supreme Court shall have appellate Jurisdiction…

  7. Law in Question #2 • US Constitution—A6 ¶2-3 • This Constitution, and the Laws of the United States which shall be made in Pursuance thereof…shall be the supreme Law of the Land… • …judicial Officers, both of the United States and of the several States, shall be bound…to support this Constitution…

  8. Law in question #3 • Judiciary Act of 1789—§13 • The Supreme Court…shall have power to issue…writs of mandamus to any…persons holding office, under the authority of the United States • Writs of mandamus are acts of original jurisdiction, because the action is not an appeal from a lower court

  9. Decision Supreme Court ruled unanimously: • Judiciary Act of 1789 gave SCOTUS a power denied to it by the Constitution • Original jurisdiction it was not entitled to have • No law can violate Constitution—it is invalid if it does

  10. Impact • Established Judicial Review for SCOTUS • Ability of SCOTUS to determine constitutionality of laws • Made SCOTUS equal with other branches

  11. BUT… • This case did notinventjudicial review • Judicial review existed in Britain for many years before Marbury (since at least 1610) • Several states had it in their constitutions • Hamilton specifically wrote in Federalist 78: • A constitution…must be regarded by the judges as a fundamental law. It, therefore, belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body.

  12. Coda • William Marbury didn’t get the job • Thomas Jefferson didn’t have to give jobs to the people he didn’t want to • John Marshall got a new classification of power that dramatically increased his influence for decades

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