Marbury v. Madison

1803

Marbury v. Madison

1803

All about the

letter M

Marbury v. Madison

1803

1. President John Adams is leaving office

Marbury v. Madison

1803

1. President John Adams is leaving office

2. A man named Marbury says,

“Hey Adams, make me a judge.”

Marbury v. Madison

1803

1. President John Adams is leaving office

2. A man named Marbury says,

“Hey Adams, make me a judge.”

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!

Marbury v. Madison

1803

1. President John Adams is leaving office

2. A man named Marbury says,

“Hey Adams, make me a judge.”

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!

4. The next day Jefferson takes office. One member of his Cabinet is James Madison

Marbury v. Madison

1803

1. President John Adams is leaving office

2. A man named Marbury says,

“Hey Adams, make me a judge.”

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!

4. The next day Jefferson takes office. One member of his Cabinet is James Madison

5. Jefferson tells Madison not to deliver the paper-work that makes Marbury a judge

Marbury v. Madison

1803

1. President John Adams is leaving office

2. A man named Marbury says,

“Hey Adams, make me a judge.”

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!

4. The next day Jefferson takes office. One member of his Cabinet is James Madison

5. Jefferson tells Madison not to deliver the paper-work that makes Marbury a judge

6. Marbury sues Madison and the case goes all the way to the Supreme Court

Marbury v. Madison

1803

1. President John Adams is leaving office

2. A man named Marbury says,

“Hey Adams, make me a judge.”

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!

4. The next day Jefferson takes office. One member of his Cabinet is James Madison

5. Jefferson tells Madison not to deliver the paper-work that makes Marbury a judge

6. Marbury sues Madison and the case goes all the way to the Supreme Court

7. The Chief Justice of the Supreme Court is John Marshall

Marbury v. Madison

1803

1. President John Adams is leaving office

2. A man named Marbury says,

“Hey Adams, make me a judge.”

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!

4. The next day Jefferson takes office. One member of his Cabinet is James Madison

5. Jefferson tells Madison not to deliver the paper-work that makes Marbury a judge

6. Marbury sues Madison and the case goes all the way to the Supreme Court

7. The Chief Justice of the Supreme Court is John Marshall

8. Before all this happened Congress had passed a law stating the Supreme Court could settle disputes concerning Judicial appointments.

Marbury v. Madison

1803

1. President John Adams is leaving office

2. A man named Marbury says,

“Hey Adams, make me a judge.”

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!

4. The next day Jefferson takes office. One member of his Cabinet is James Madison

5. Jefferson tells Madison not to deliver the paper-work that makes Marbury a judge

6. Marbury sues Madison and the case goes all the way to the Supreme Court

7. The Chief Justice of the Supreme Court is John Marshall

8. Before all this happened Congress had passed a law stating the Supreme Court could settle disputes concerning Judicial appointments.

9. Chief Justice Marshall rules in favor of Madison, against Marbury. He said this law was unconstitutional

Marbury v. Madison

1803

1. President John Adams is leaving office

2. A man named Marbury says,

“Hey Adams, make me a judge.”

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!

4. The next day Jefferson takes office. One member of his Cabinet is James Madison

5. Jefferson tells Madison not to deliver the paper-work that makes Marbury a judge

6. Marbury sues Madison and the case goes all the way to the Supreme Court

7. The Chief Justice of the Supreme Court is John Marshall

8. Before all this happened Congress had passed a law stating the Supreme Court could settle disputes concerning Judicial appointments.

9. Chief Justice Marshall rules in favor of Madison, against Marbury. He said this law was unconstitutional

10. This case is important because it is the first time the Judicial Branch uses the system of Checks and Balances and sets up Judicial Review (remember what that one was?).

BUT HERE’S THE TRICKY BUT HERE’S THE TRICKY PARTPART

• 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.

Does Does your your head head hurt?hurt?