Marbury v. Madison
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Transcript of Marbury v. Madison
![Page 1: Marbury v. Madison](https://reader035.fdocuments.us/reader035/viewer/2022080916/56812a87550346895d8e2435/html5/thumbnails/1.jpg)
The Election of 1800
Adams, Federalist incumbent Jefferson, Democratic challenger
What is at stake in this election?
--The very survival of the country (from each point of view)!!!
Election Result: Federalists lose the presidency and lose their majorities in both the Senate and the House of Representatives. --The Federalists are wiped out.
•What is the Federalists’ last resort?
Marbury v. Madison
The Background
![Page 2: Marbury v. Madison](https://reader035.fdocuments.us/reader035/viewer/2022080916/56812a87550346895d8e2435/html5/thumbnails/2.jpg)
Marbury v. Madison
After the election. . .
Adams, outgoing president Jefferson, president-elect
Judicial Branch
Marshall, Federalist Sec. of State
Marbury, Newly-Appointed Federalist Judicial Official
Marshall, New Chief Justice ofthe Supreme Court
Marshall, remains a “presidential helper” until Adams leaves office
. . . but before Jefferson is sworn in as president.
The Federalists, for a short time (until Jefferson and the new Congress are sworn in), still have control of the Presidency, the House, and the Senate. So the Federalists come up with a plan. . .
The Federalist
Plan
![Page 3: Marbury v. Madison](https://reader035.fdocuments.us/reader035/viewer/2022080916/56812a87550346895d8e2435/html5/thumbnails/3.jpg)
Marbury v. Madison
Jefferson is sworn in. . .
Adams, outgoing president Jefferson, President
Judicial Branch
Madison, Democratic Sec. of State
Marshall, New Chief Justice ofthe Supreme Court
Marshall, Unofficial “presidential helper”
“We’re outta here. . .”
Oops.
Secretary of State is to deliver judicial the appointments
Sorry, your commission has been
cancelled. . .
ThePlayers
Marbury, Newly-Appointed Federalist Judicial Official
Where’s my bloody appointment??
![Page 4: Marbury v. Madison](https://reader035.fdocuments.us/reader035/viewer/2022080916/56812a87550346895d8e2435/html5/thumbnails/4.jpg)
Marbury v. Madison
Jefferson, President
Judicial Branch
Madison, Democratic Sec. of State
Marshall, New Chief Justice ofthe Supreme Court
Marbury sues Madison, asking the Court to issue a “writ of mandamus” under the Judiciary Act of 1789
Uhhh. . .
Marshall, if you help your
Federalist crony, you’ll be sorry.
Jefferson is sworn in. . .
TheCase
Marbury, Newly-Appointed Federalist Judicial Official
Help me, Marshall old
buddy!
![Page 5: Marbury v. Madison](https://reader035.fdocuments.us/reader035/viewer/2022080916/56812a87550346895d8e2435/html5/thumbnails/5.jpg)
Marshall’s options
• Rule on the behalf of Marbury: order Madison to deliver the appointment.
RESULT: Madison would ignore the order, and the Court would be forever weakened
• Rule on the behalf of Madison: deny Marbury the appointment, even in the face of the Judiciary Act of 1789
RESULT: The Court would obviously be “knuckling under” to the the Executive Branch—forever weakening the Court.
![Page 6: Marbury v. Madison](https://reader035.fdocuments.us/reader035/viewer/2022080916/56812a87550346895d8e2435/html5/thumbnails/6.jpg)
Marshall’s Decision
• Although Marbury is right on the merits of the case, the Court cannot rule on the case because the Judiciary Act of 1789 is UNCONSTITUTIONAL.
• Marbury v. Madison gave the Court the power of judicial review.
• The Court claimed this power for itself—it is not granted anywhere in the Constitution.
![Page 7: Marbury v. Madison](https://reader035.fdocuments.us/reader035/viewer/2022080916/56812a87550346895d8e2435/html5/thumbnails/7.jpg)
Notes over Marbury v. MadisonI. Outgoing president = John Adams,
FederalistII. New president = Thomas Jefferson (TJ),
Dem-RepA. They hate each otherB. Jefferson beats Adams in election of 1800
III. Adams fights backA. Fill courts with Federalists (like Marbury) before TJ is sworn in
![Page 8: Marbury v. Madison](https://reader035.fdocuments.us/reader035/viewer/2022080916/56812a87550346895d8e2435/html5/thumbnails/8.jpg)
Notes over Marbury v. MadisonIV. But Marbury never got his appointmentV. Madison = TJ’s Sec. of State
A. Supposed to deliver to Marbury—does not
VI. Marbury sues MadisonVII. Marshall = Chief Justice, his choices:
A. Rule for Marbury = TJ would ignore the order, Court looks badB. Rule for Madison = Court looks weak (like president’s whipping boy)
![Page 9: Marbury v. Madison](https://reader035.fdocuments.us/reader035/viewer/2022080916/56812a87550346895d8e2435/html5/thumbnails/9.jpg)
Notes over Marbury v. MadisonVIII. Marshall’s decision
A. Declares law UNCONSTITUTIONAL
B. Neither Marbury nor Madison win
C. Court now has power of JUDICIAL REVIEW