|Marbury vs. Madison 1803
The Election of 1800
The Election of 1800 pitted Federalist ____________ vs. Democratic-Republican ____________. One major difference between the two parties was that the Federalists believed in a strong _____________________, while the Democratic-Republicans believed in a loose confederation of _______. This election set the very important precedent of _______________________________________________________________________________.
The Federalist-controlled Congress & Adams created the Judiciary Act of 1801, which created more ____________, which they filled with Federalist ______. Federal judges are appointed for _______. Congress Jefferson and the DRs were furious about this because ______________________________________________ _________________________________________________________________________________________.
Lead up to Marbury vs. Madison
Adam’s Secretary of State, _______________, was supposed to deliver letters (commissions) to each of these new judges officially granting them their new judicial position. He left a few of the letters to be delivered by the new Secretary of State, _________________. The new President, ________________, told __________ to hold the letters and not deliver them. ________________ was one of those who did not receive his commission and he sued James Madison, trying to force the delivery of the commission.
Three big questions…
Does Marbury have a right to his ______________?
If he has a right, does he have a remedy? (Re-write this question in your own words: _______________
If he has a remedy, is it an order by this Court (writ of mandamus) granting him his commission?
The new Chief Justice of the Supreme Court, ___________________, delivered the ruling. Yes, it’s the same Marshall who did not deliver the letter in the first place.
Marshall ruled that ____________ should be given his commission, but Marshall could do nothing about it because the Supreme Court did not have original ______________. In other words, Marbury did not have the right to come straight to the Supreme Court. He should have gone through the lower courts first.
Marbury sued under a section of the Judiciary Act of 1789. Marshall ruled that section violated Article ____ of the Constitution. So, what do we do when a law is in conflict with the Constitution? Marshall ruled that if that happens, the _____________ wins. It was the first time this had ever happened.
This ruling created the precedent known as __________ ___________.
Judicial Review is the power of the courts to rule that a law is ___________________.
Many say that it was this ruling that made the judicial branch an _________ branch of government. Others have said that it has allowed the court to become too ________________.
"It is emphatically the province and duty of the judicial department to say what the law is." –Chief Justice John Marshall
Explain Marshall’s words in your own words: ____________________________________________________