3. AND
THE
JUDICIARY
ACT
OF 1801
M
IDNIGHT
JUDGES
The last important law passed by the Federalist Congress
16 new Federalist judgeship positions
Nickname for judgeships became midnight judges
Jeffersonians outraged at the Judiciary Act of 1801
4. Justice of the Peace of
Washington, D.C.
On the behalf of several other
midnight judges, Marbury sued
Madison for the missing
commissions.
Marbury’s lawyer issued writ of
mandamus, leading the case
to the Supreme Court.
THE TWO PARTIES:
WILLIAM MARBURY
5. Secretary of the State
Ordered by Jefferson to
withhold any commissions to
prevent the fulfillment of the
Judiciary Act
THE TWO PARTIES:
JAMES MADISON
7. Strict Federalist and enemy to
Thomas Jefferson
Realized futility in declaring
executive branch to enforce
writ of mandamus
PRESIDING JUDGE:
JOHN MARSHALL
8. COURT HOUSE
Brought to the Supreme Court in 1803
IN
THE
6 month long recess from Congress to allow concrete evidence
Judiciary Act of 1801 revoked by Congress after 1 year
Once court returned, Marshall dismissed Marbury’s case
11. M
OTIVE
Direct confrontation would ensure a loss to the Supreme Court
Created the power of judicial review
Marshall formed first distinctive power for the Court
12. JUDICIAL REVIEW
Removed important power from powerful Congress
PRINCIPLE
OF
Directly contrasted ideas seen in Kentucky Resolutions
Power to determine or deem an act of Congress unconstitutional
First definitive power given to the Court
14. THE
SUPREM
E
COURT
Supreme Court essentially irrelevant without power of judicial review
POW
ERS
TO
Definitive power to limit Congress & Executive Branch
Limits previously strong power of the states
First case to actually define certain powers of Judicial Branch
15. SOURCES: INFO
KENNEDY, DAVID, LIZABETH
COHEN, AND
THOM
AS
BAILEY. THE
AM
ERICAN
PAGEANT. 14TH.
BOSTON, M
A: W
ADSW
ORTH, 2006. PRINT.
“M
ARBURY V. M
ADISON." OUR
DOCUM
ENTS. N.P., N.D., W
EB. 8
NOV2010. <W
W
W
.OURDOCUM
ENTS.GOV>.
M
R. KLOPFENSTEIN’S
LECTURE
NOTES
