Marbury v. Madison

Supremacy Clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Why is the Judiciary Act of 1789 illegal?

Congress does not have the power to modify the Constitution through regular legislation

writ of mandamus

Court order directing an official to perform an official duty.

Judiciary Act of 1789

In 1789 Congress passed this Act which created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures.

Article III, Section 2

The part of the U.S. Constitution, at issue in Marbury v. Madison, that gave the Supreme Court original jurisdiction in "Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party"

Facts

Thomas Jefferson defeated John Adams in the 1800 presidential election. Before Jefferson took office on March 4, 1801, Adams and Congress passed the Judiciary Act of 1801, which created new courts, added judges, and gave the president more control over appointment of judges. The Act was essentially an attempt by Adams and his party to frustrate his successor, as he used the act to appoint 16 new circuit judges and 42 new justices of the peace. The appointees were approved by the Senate, but they would not be valid until their commissions were delivered by the Secretary of State. William Marbury had been appointed Justice of the Peace in the District of Columbia, but his commission was not delivered. Marbury petitioned the Supreme Court to compel the new Secretary of State, James Madison, to deliver the documents. Marbury, joined by three other similarly situated appointees, petitioned for a writ of mandamus compelling the delivery of the commissions.

Midnight judges

The 16 judges that were added by the Judiciary Act of 1801 that were called this because Adams signed their appointments late on the last day of his administration.

Questions

1. Do the plaintiffs have a right to receive their commissions? 2. Can they sue for their commissions in court? 3. Does the Supreme Court have the authority to order the delivery of their commissions?

Judicial review

Allows the court to determine the constitutionality of laws

Decision

Although Madison's refusal to deliver Marbury's commission was illegal, Marbury commissioned the Court the incorrect way.

Judiciary Act of 1801

a law that increased the number of federal judges, allowing President John Adams to fill most of the new posts with Federalists