Important Facts Regarding Marbury V Madison

The primary responsibility of the Supreme Court is to judge whether the laws and actions of Congress and the President are administered fairly. This function is known as JUDICIAL REVIEW. This term does not appear anywhere in the Constitution. It was developed through interpretation.

Important facts regarding Marbury v Madison

Election of 1800: Thomas Jefferson defeated incumbent John Adams

 John Adams tried to pack the courts with loyal party members  all commissions were confirmed by Senate and signed by Adams, but not delivered  William Marbury’s commission (Justice of the Peace in DC) was not delivered by the time Jefferson became Pres.  Jefferson told James Madison (the new Secretary of State) not to deliver the rest of the commissions  Marbury went to the Supreme Court asking for a writ of mandamus (legal motion) court order compelling an officer of the government to perform his duty  Marbury based his argument on the Judiciary Act of 1789 – o the Supreme Court had original jurisdiction - hears the case first, does not have to go through lower courts o Supreme Court has power to issue a writ of mandamus

Ruling

 Is Marbury entitled to the commission? - Yes  Can the Supreme Court force the delivery of the commission? – No

Reason

 The part of the Judiciary Act (law passed by Congress) that gave the Supreme Court the power to issue a writ of mandamus conflicted with the Constitution  Constitution is the supreme law of the land  the Judiciary Act is in violation of the Constitution, and therefore, void - unconstitutional

Result

 voided an act of Congress because it went against the Constitution gave the Supreme Court the power of Judicial Review. American Government CP Name______Chapter 3:1 – Basic Principles of the Constitution Marbury vs Madison

After reviewing the case, answer the following questions.

1. What is the power of judicial review?

2. How was the concept of judicial review established?

3. What is original jurisdiction? What was the Supreme Courts ruling on original jurisdiction in Marbury vs Madison?

4. What is a writ of mandamus and how did it violate the Constitution? (Specific section of the Constitution)

5. What was declared unconstitutional by the Supreme Court in Marbury vs Madison? Why?