Marbury vs. Madison established the Supreme Court's power of judicial review. It arose from William Marbury suing Secretary of State James Madison to deliver his commission as a justice of the peace appointed by outgoing President John Adams. While Chief Justice John Marshall ruled Marbury had a right to the commission, the court lacked authority under the Judiciary Act to force Madison. However, Marshall established the court could declare legislative acts unconstitutional, asserting its authority over the other branches.

1. Marbury vs. Madison
1803

2. Key Characters
 John Adams: President leaving office (2nd)
 Thomas Jefferson: Newly elected President (3rd)
 William Marbury: Appointed Justice of Peace by Adams
 John Marshall: Chief Justice of the Supreme Court
 James Madison: Secretary of State

3. Key Terminology
 Writ of mandamus: an edict commanding a government
official to preform a particular action
 Judicial review: doctrine under
which legislative and executive actions are subject to review
by a specific court, this court has the power to annul the acts
of the state when it finds them incompatible with a higher
authority

4. Background
 The situation
 John Adams (President at the time) lost the presidential election
to Thomas Jefferson
 During last days of his Presidency Adams appointed William Marbury
as the justice of the peace and others to positions in government
 Judiciary Act of 1798
 Established new courts, gave president the power to appoint Federal judges
and justices of peace
 Gave the Supreme the right to issue writs of mandamus
 Commissions for the appointed positions did not go through
before Adams left office
 Question: If you were Thomas Jefferson would you recognize
Adams appointees?

5. Reaction
 Thomas Jefferson
 Refused Marbury’s commission of Justice of Peace
 James Madison
 Did not issue the commission for Marbury
 William Marbury
 Petitioned the Supreme Court to issue a writ of mandamus
 John Marshall
 Thought Marbury was entitled to the position that he was
appointed to
 BUT He stated that Court did not have the power to make
Madison honor the commission
 Explain the different players positions of the issue to your
partner.

6. The Case
 Marbury’s argument
 He was entitled to the position appointed to him by John Adams
 James Madison
 Did not uphold the commission for Marbury
 Chief Justice John Marshall
 He and the other Supreme Court Justices heard the case
 Turned into an examination of the Judicial Act of 1798
 Who do you side with and why?

7. The Ruling
 Decision
 Marbury had the right to his commission
 But the court did not have the power to force Madison to deliver
the commission
 Meaning
 The Supreme Court has power to review other branches and
make sure they are following the Constitution
 Based under Article III of the Constitution
 How did a case to appoint a justice of peace become a
foothold for the Supreme Court take on the power of judicial
review over the other branches?