John Adams signed 58 new judgeships before leaving office as President. William Marbury was denied his judicial commission by the new Secretary of State, James Madison. Marbury sued Madison, with the case reaching the Supreme Court under Chief Justice John Marshall. In the decision, Marshall established the principle of judicial review, ruling that Section 13 of the 1789 Judiciary Act that granted Marbury his commission was unconstitutional, but in doing so increased the power of the Supreme Court to review the constitutionality of laws.

1. MARBURY V. MADISON (1803)

2. THE PEOPLE: JOHN ADAMS
 Signed 58 new judges
 Federalist

3. THE PEOPLE: WILLIAM MULBURY
 Wealthy
 Strong Federalist
 Angry at Madison

4. THE PEOPLE: JAMES MADISON
 Secretary of state
 Anti-Federalist
 Refused to give commission

5. THE PEOPLE: JOHN MARSHALL
 Chief Justice
 Secretary of State
 John Adams appointed him

6. THE SIDES
 Federalists- strong government
 Anti- Federalists- limited government

7. THE JUSTICES
 58 Peace justices made in last 15 days
 42 Judges accepted
 Federalists attempt branch take over

8. MANDAMUS
 Court order saying an official should
perform/not perform a duty.
 Marbury thought Madison was wrong

9. POINTS TO CONSIDER
 Does Marbury have right to commission?
 Can Congress expand power of Supreme
Court?

10. THE DECISION
 Marshall said that not paying commission
was unconstitutional.
 Judiciary Act of 1789

11. THE DECISION
 Section 13 of 1789 Judiciary Act
unconstitutional
 Congress’ law is void

12. WHY?
 Marshall wanted the supreme court to have
more power.
 He wanted to avoid a confrontation with the
anti-federalists

13. THE IMPACT
 let the supreme court decide whether
something was constitutional or not. (judicial
review)
 Gave the court more power than before.

14. UNCONSTITUTIONAL CASES
 Tinker v. Des Moines
 Brown v. Board of Education