"But the President Said I Could Be a Judge!"
In 1800, President John Adams ran for re-election, but he lost to Thomas Jefferson. During his last weeks in office, Adams appointed a bunch of men to be justices of the peace in the District of Columbia. Each man was to receive a paper commission that was signed and sealed. The commissions were prepared, but they were not sent before Adams left office. When President Jefferson took over, he refused to send them. One man who was set to be appointed, William Marbury, was upset. He wanted to be a judge! So he asked the United States Supreme Court to issue a legal order called a writ of mandamus (man-DAY-mus). A writ of mandamus is a court order to a lower court or public authority that they must perform their official duty. In this case, the writ would have required Marbury's commission to be delivered.
The Argument
James Madison was Jefferson's Secretary of State. He was told not to deliver the commissions.
ISSUE
Does the Supreme Court have the power to hear more types of cases than just those the Constitution says it can hear?
DECISION
No. The Supreme Court only has the power to do what the Constitution says.
Did you notice that Marbury didn't start in a regular, local court? He started at the Supreme Court. Normally, that doesn't happen. But in 1789, Congress passed a law saying people could start at the Supreme Court if all they wanted was a writ of mandamus. Marbury argued that he was entitled to the writ because his commission had already been created. He also argued that the Supreme Court had the power to issue the writ.
The Decision
The Supreme Court agreed that Marbury had a right to receive his commission but disagreed that the Court had the power to issue the writ. Why? Because the Supreme Court gets its power directly from the Constitution, and the Constitution says only certain kinds of cases can start at the Supreme Court. That meant the 1789 law passed by Congress was unconstitutional. Congress did not have the power to allow more kinds of cases to start at the Supreme Court. Therefore, the Supreme Court said it could not help Marbury get his commission.
Believe it or not, this is considered one of the most important cases
the Supreme Court has ever decided. That's because it was the first
time the Supreme Court struck down an act of Congress for being
unconstitutional. The idea that the Supreme Court has the final say
about what is constitutional is called judicial review. Judicial review
lets the judicial branch do two things: 1) interpret the Constitution and
decide what it means, and 2) stop the executive and legislative branches
from doing things that go against the Constitution. The decision in
Marbury v. Madison helped cement the judicial branch as equal to the
other two branches of government by giving it equal power.
William
Read about the court case, Marbury v. Madison. Answer the questions to complete the case study. Write in complete sentences.
1. Summarize the facts of the case. Read "But the President Said I Could Be a Judge
2. What constitutional rights are at issue? Read The Argument.
3. How did the Court rule? Read The Decision.
4. Why did the Court decide the way it did? Read So What?
5. Do you agree or disagree with the Court's decision? Why or why not?
If you are stuck, think about
The concept of judicial review and its role in upholding the Constitution.
The balance of power among the branches of government.
The long-term implications of the decision on the legal system and democracy
1. The case of Marbury v. Madison involved William Marbury, who was appointed as a justice of the peace in the District of Columbia by President John Adams. However, his commission was not delivered by Secretary of State James Madison when Thomas Jefferson became president. Marbury sought a writ of mandamus from the Supreme Court to compel Madison to deliver his commission.
2. The constitutional right at issue in this case was the power of the Supreme Court to rule on the constitutionality of acts of Congress.
3. The Court ruled that Marbury was entitled to his commission, but the Court did not have the power to issue the writ of mandamus. They declared that the Judiciary Act of 1789, which allowed for such action, was unconstitutional.
4. The Court decided the way it did because they believed that the Constitution only gave them certain powers, and they could not go beyond those powers even if Congress passed a law that attempted to do so. This decision established the principle of judicial review.
5. I agree with the Court's decision in this case. The Constitution clearly delineates the powers of each branch of government, and it is important for the judiciary to uphold the Constitution and prevent overreach by the other branches. The decision in Marbury v. Madison set an important precedent for the balance of power in the government and the rule of law.