Marbury v. Madison:The Power of Judicial Review

Preview Activity – Journaling: Write an answer to the following questions.

“You have been elected the new Mayor of Allen. Before leaving office, the old mayor gave jobs to several of his political friends but the paperwork hasn’t made it to the personnel office yet.

A. Should you 1) honor the jobs promised by the old mayor, or 2) cancel the jobs since they aren’t “officially” in the system yet?

B. What are the possible negatives to denying these people their jobs? What are the possible positives to allowing them to take these jobs?

C. Would it make a difference if the perspective employees had worked against you in the mayoral elections?

Background readingThomas Jefferson, a member of the Republican Party, won the election of 1800. Before Jefferson took office, John Adams, the outgoing President who was a Federalist, quickly appointed 58 members of his own party to fill government jobs created by Congress. He did this because he wanted people from his political party in office.

It was the responsibility of Adams' Secretary of State, John Marshall, to finish the paperwork and give it to each of the newly appointed officials. Although Marshall signed and sealed all of the papers, he failed to deliver 17 of them to the appointees. Marshall thought his successor would finish the job. But when Jefferson became President, he told his new Secretary of State, James Madison, not to deliver some of the papers. Those individuals couldn't take office until they actually had their papers in hand.

Adams had appointed William Marbury to be justice of the peace of the District of Columbia. Marbury was one of the last-minute appointees who did not receive his papers. He sued Jefferson's Secretary of State, James Madison, and asked the Supreme Court of the United States to issue a court order requiring that Madison deliver his papers.

Marbury argued that he was entitled to the job. When the case came before the Court, John Marshall — the person who had failed to deliver the commission in the first place — was the new Chief Justice. The Court had to decide whether Marbury was entitled to his job, and if so, whether the Judiciary Act of 1789 gave the Court the authority it needed to force the Secretary of State to appoint Marbury to his position.

1. Identify the political party of Thomas Jefferson and John Adams. TJ-Dem-Republican, JA-Federalist

2. Why would John Adams quickly fill these appointments?He wanted the positions to be filled with people of the Federalist party.

3. Why were several of the new federal judgeship appointments not allowed to take office?

The appointments were not officially delivered to the men appointed

4. Why did William Marbury sue James Madison? James Madison was the new Secretary of State who was suppose to deliver the appointments, but TJ told him not to.

5. Who do you predict that John Marshall will side with? John Marshall had been John Adams Secretary of State and was a Federalist. It seems likely he would side with Marbury.

Excerpts from the ruling

Read the excerpts from John Marshall’s ruling. Then answer the questions.

The order granting the commission takes effect when the Executive’s constitutional power of appointment has been exercised, and the power has been exercised when the last act required from the person possessing the power has been performed. The grant of the commission to Marbury became effective when signed by President Adams.

1. Did John Marshall support William Marbury’s claim that he was entitled to the position? Explain. Yes. He said that once President Adams signed the commission to make William Marbury a judge, it became effective.

Yes. The Supreme Court has the authority to review acts of Congress and determine whether they are unconstitutional and therefore void.

It is emphatically the 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 the rule. If two laws conflict with each other, the Court must decide on the operation of each. If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.

2. Why does Marshall say it is the responsibility of the Court to determine if acts of Congress are unconstitutional? What power of the Supreme Court is created by John Marshall’s ruling? It is the responsibility to the Supreme Court to determine what is law. If two laws conflict each other, then the court has to decide which one is superior to the other.

Political Cartoon

1. What do you see in the cartoon? Make a list of all the people and objects you see.

2. Are any of the objects symbols? What do they represent?

3. What is the meaning of the cartoon? How does it support the concept of judicial review?

Football players, line of scrimmage, referees, sign that says U.S. Constitution, eagle and lions on helmets.

Lions represent the legislative branch, the eagles represent the executive branch, the referees represent the judicial branch

It represents the three branches of government and how each has different responsibilities. The Supreme Court can decide if executive or legislative decisions are unconstitutional. Even if one branch can stop the other, the judicial branch can still say that the decision does not fit into the Constitution.