1. John Adams appointed William Marbury as a judge just before leaving office, but the appointment documents were not delivered by the new Secretary of State, James Madison, under the new president Thomas Jefferson. 2. Marbury sued Madison to force delivery of the documents, and the case went to the Supreme Court under Chief Justice John Marshall. 3. In Marbury v. Madison, the Supreme Court established the principle of judicial review by ruling that the law authorizing Marbury's original suit was unconstitutional, since it gave the court power not provided in the Constitution, but in doing so established the court's right to strike down unconstitutional laws.

1. Marbury v. Madison
1803

2. All about the
letter
M
Marbury v. Madison
1803

3. 1. President John Adams is
leaving office
Marbury v. Madison
1803

4. 1. President John Adams
is leaving office
2. A man named Marbury says,
“Hey Adams, make me a judge.”
Marbury v. Madison
1803

5. 1. President John Adams
is leaving office
2. A man named Marbury says,
“Hey Adams, make me a judge.”
Marbury v. Madison
3. About Midnight on
Adams’ last night in
office, he appoints
Marbury a judge
(justice of the peace)
He fills-out the
paperwork to make
Marbury a judge, but
his Secretary of State
fails to deliver it!
1803

6. 1. President John Adams
is leaving office
2. A man named Marbury says,
“Hey Adams, make me a judge.”
Marbury v. Madison
3. About Midnight on
Adams’ last night in
office, he appoints
Marbury a judge
(Justice of the peace)
He fills-out the
paperwork to make
Marbury a judge, but
his Secretary of State
fails to deliver it!
1803
4. The next day
Jefferson takes
office. One member
of his Cabinet is
James Madison

7. 1. President John Adams
is leaving office
2. A man named Marbury says,
“Hey Adams, make me a judge.”
Marbury v. Madison
3. About Midnight
on Adams’ last
night in office, he
appoints Marbury a
judge (justice of the
peace) He fills-out
the paperwork to
make Marbury a
judge, but his
Secretary of State
fails to deliver it!
1803
4. The next day
Jefferson takes
office. One member
of his Cabinet is
James Madison
5. Jefferson
tells Madison
not to deliver
the paperwork that
makes
Marbury a
judge

8. 1. President John Adams
is leaving office
2. A man named Marbury says,
“Hey Adams, make me a judge.”
Marbury v. Madison
3. About Midnight
on Adams’ last
night in office, he
appoints Marbury a
judge (justice of the
peace) He fills-out
the paperwork to
make Marbury a
judge, but his
Secretary of State
fails to deliver it!
5. Jefferson
tells Madison
not to deliver
the paperwork that
makes
4. The next day
Marbury a
Jefferson takes
office. One member judge
of his Cabinet is
James Madison
1803
6. Marbury
sues Madison
and the case
goes all the
way to the
Supreme Court

9. 1. President John Adams
is leaving office
2. A man named Marbury says,
“Hey Adams, make me a judge.”
Marbury v. Madison
3. About Midnight
on Adams’ last
night in office, he
appoints Marbury a
judge (justice of the
peace) He fills-out
the paperwork to
make Marbury a
judge, but his
Secretary of State
fails to deliver it!
1803
4. The next day
Jefferson takes
office. One member
of his Cabinet is
James Madison
5. Jefferson
tells Madison
not to deliver
the paperwork that
makes
Marbury a
judge
7. The Chief
Justice of the
Supreme
Court is John
Marshall
6. Marbury
sues Madison
and the case
goes all the
way to the
Supreme Court

10. 1. President John Adams
is leaving office
2. A man named Marbury says,
“Hey Adams, make me a judge.”
8. Before all this
happened Congress
had passed a law
stating the Supreme
Court could settle
disputes concerning
Judicial
appointments.
Marbury v. Madison
3. About Midnight
on Adams’ last
night in office, he
appoints Marbury a
judge (Justice of
the peace) He fillsout the paperwork
to make Marbury a
judge, but his
Secretary of State
fails to deliver it!
1803
4. The next day
Jefferson takes
office. One member
of his Cabinet is
James Madison
5. Jefferson
tells Madison
not to deliver
the paperwork that
makes
Marbury a
judge
7. The Chief
Justice of the
Supreme
Court is John
Marshall
6. Marbury
sues Madison
and the case
goes all the
way to the
Supreme Court

11. 9. Chief Justice Marshall
1. President John Adams rules in favor of Madison,
against Marbury. He said this
is leaving office
law was unconstitutional
2. A man named Marbury says,
“Hey Adams, make me a judge.”
8. Before all this
happened Congress
had passed a law
stating the Supreme
Court could settle
disputes concerning
Judicial
appointments.
Marbury v. Madison
3. About Midnight
on Adams’ last
night in office, he
appoints Marbury a
judge (Justice of
the peace) He fillsout the paperwork
to make Marbury a
judge, but his
Secretary of State
fails to deliver it!
1803
4. The next day
Jefferson takes
office. One member
of his Cabinet is
James Madison
5. Jefferson
tells Madison
not to deliver
the paperwork that
makes
Marbury a
judge
7. The Chief
Justice of the
Supreme
Court is John
Marshall
6. Marbury
sues Madison
and the case
goes all the
way to the
Supreme Court

12. 8. Before all this
happened Congress
had passed a law
stating the Supreme
Court could settle
disputes concerning
2. A man named Marbury says,
10. This case is important because it is Judicial
appointments.
“Hey Adams, make me a judge.” the Judicial Branch uses the
the first time
system of Checks and Balances and sets
up Judicial Review (remember what that
7. The Chief
one was?).
Justice of the
Supreme
5. Jefferson
Court is John
3. About Midnight
tells Madison
Marshall
on Adams’ last
not to deliver
night in office, he
the paperappoints Marbury a
work that
6. Marbury
judge (Justice of
makes
4. The next day
sues Madison
the peace) He fillsMarbury a
Jefferson takes
and the case
out the paperwork
judge
office. One member
goes all the
to make Marbury a
of his Cabinet is
way to the
judge, but his
James Madison
Supreme Court
Secretary of State
fails to deliver it!
9. Chief Justice Marshall
1. President John Adams rules in favor of Madison,
against Marbury. He said this
is leaving office
law was unconstitutional
Marbury v. Madison
1803

13. BUT HERE’S THE TRICKY PART
• The Supreme Court decided that the power to
deliver commissions to judges, since it was part
of the Judiciary Act of 1789 and not part of the
Constitution itself, was in conflict with the
Constitution and, therefore, illegal.
• And the Judiciary Act of 1789 was illegal
because it gave the Judicial Branch powers not
granted to it by the Constitution.
• So, the SC’s greatest power – the power to
strike down laws it deems unconstitutional –
came from them saying they didn’t have the
power to decide such a case.

14. Does
your
head
hurt?