MARBURY V. MADISON

Federalists controlled the Judicial BranchAdam’s created and filled 16 new judge positions at midnight on his last day in officeNot all of the needed documents were delivered before Jefferson took office• Paperwork was filled out, approved by

Senate, signed by Adams (the President), and ready to be delivered... • William Marbury did not receive his

documents prior to Jefferson taking office

Jefferson refused to deliver them to him once he took office

Marbury goes straight to the Supreme Court, asking the court to force Jefferson to deliver the paperwork

YOU BE THE JUDGE

Does Marbury have the right to the paperwork and position?

Can the Supreme Court hear Marbury's case?

MAIN ARGUMENTSMarbury’s claim

• The Judiciary Act of 1789 gave the Supreme Court the power to hear his case and force Jefferson to deliver his paperwork naming him to the position

Jefferson’s claim• The paperwork was not delivered during

Adams administration; therefore he did not have to honor the appointment.

FINAL DECISIONChief Justice John Marshall (Adams' former Sec. of State) decides:

• Marbury does have the right to the paperwork and position however…

• Supreme court cannot force Jefferson to deliver it

• Marbury based his case on the Judiciary Act of 1789 which was deemed unconstitutional (remember, the Judiciary Act of 1789 created the Federal court system)

WHY IS THIS CASE SO IMPORTANT?

Supreme Court can rule an act passed by Congress unconstitutional shows the Supreme Court has final say on the Constitution

Establishes the use of Judicial Review • Supreme Courts check on the other

branches