Marbury v. Madison Facts of the Case:
On his last day in office, President John Adams named many judges to several different courts.
This was an attempt by the Federalist party to take control of these courts before Thomas
Jefferson took office. President Adams signed the orders, but they were not delivered before
the end of Adams's term as president. Thomas Jefferson, the new President, refused the
contracts, claiming that they had not been delivered in time.
William Marbury was supposed to receive an appointment as justice of the peace, but he did
not. Marbury felt that it was unfair, so he took his case directly to the Supreme Court of the
United States to force Jefferson's Secretary of State, James Madison, to deliver the
commissions. Congress had passed the Judiciary Act of 1789 which granted the Supreme Court
the power to force orders such as this, but did not define any limits on this power. Article Ill of
the U. S. Constitution specifically defines the types of cases that can go to the Supreme Court
(original jurisdiction). Powers granted to the Supreme Court in the Judiciary Act of 1789 and the
powers defined in the U. S. Constitution conflict.
Question:
The case presented many questions: Does Marbury have a right to this job? If he has that right, do the laws of the United
States offer him a solution and if so, does it need to be issued by the Supreme Court? Is the Supreme Court bound to
follow the requirements established in the Judiciary Act of 1789 or the requirements established in the US. Constitution
the two conflict?
Decision:
Chief Justice John Marshall ruled that Marbury did have a right to his job. But, it was not in the jurisdiction of the Supreme
Court to issue him that job. Basically, cases such as Marbury's should go through district courts first, where the case has
Jurisdiction Marshall also included in his decision that based on Article wil of the Constitution, the Supreme Court will have
final authority on the Constitutionality of all laws. Congress cannot override the Supreme Court. This is known as Judicial
Review
Impact:
1. What did Chief Justice John Marshall say about jurisdiction in this case?
2. Judicial Review is the power of the Supreme Court to Interpret the Constitution. Explain why this is
an example of the principle of Checks and Balances,
3. How would things be different in the U. S. If we did not have Judicial Review? Explain.