Kristi Friese2/29/2012

APUSHBlock 3

Marbury vs. Madison

1803

Issues

• John Adams promised jobs to people before the end of his term.

• When Jefferson came into office, he told James Madison to deny the people their jobs.

• William Marbury sued Madison when he was told.

• Case went to the Supreme Court.

William Marbury Designated by John Adams

(current president) to be a justice of peace near the end of Madisons term.

When Jefferson was elected into office, he ordered Madison not to deliver the jobs.

Marbury petitioned the Supreme Court for a writ of mandamus (legal order).

• Secretary of State during Jefferson's presidency.

• Was told by Jefferson not to finalize the last-minute appointees made by John Adams.

• Sued by Marbury for job promised by Adams.

James Madison

• Presided over the case.• Had three questions to answer.

1. Did Marbury have the right to petition for the writ?

2. Did the laws of the U.S allow the courts to grant the writ Marbury asked for ?

3. If they did, could they issue such a writ?

Chief Justice Marshall

Decision #1

• Ruled Marbury had been properly appointed by Madison.• Proper procedures established by

laws.

• Marbury had a right to the writ of mandamus.

Decision #2

• He had a legal right.– Law must give him a solution

• Up to the courts to protect the rights of the people .

Decision #3• Ruled that they could not grant the legal order.• Judiciary Act of 1789 – Section 13– Granted them the right to do so.

• But extended the original jurisdiction.– Power to bring cases to Supreme Court.

• Under Article 3 Congress exceeds its authority.– States that it only applies to cases “ affecting ambassadors,

other public ministers and consuls” and “in which the state shall be party”.

• Article 5 states the Constitution is the “supreme law of the land”.– Courts obligation to uphold the Constitution when in conflict.

Significance of the Case

• After this, the Supreme Court began to become and equal branch of the government.– Equal to Congress and the President

• Marshall’s opinion is cited whenever the Court needs to affirm its legitimacy.