Marbury v. Madison – Flashcards

1803

established judicial review

the government was going to be run by Republicans instead of federalists so he made a bunch of new government jobs and appointed people he wanted to them (Midnight appointments") one of the late appointments was William Marbury

named Justice of the Peace; Adams signed papers but Marshall, secretary of state, didn't deliver the paper to finalized appointment

angry that the federalists tried to keep power and told new secretary of state (madison) not to deliver the paper

took the case to the supreme court where John Marshall was now chief Justice and asked for a writ of mandamus

an order from a court that some action be performed; commanding Madison to deliver the papers in accordance with Judiciary Act of 1789 -found unconstitutional because the constitution did not grant Congress the right to make this law

Article 3: sets up the supreme court as the head of the federal judicial system; historians believe that they have the power of judicial review which allows them to determine acts of Congress unconstitutional, this right however is not specified

-federalist -believed that supreme court had the power of judicial review -the Marbury case allowed him to clarify this power

-decided that Marbury's appointment was legal -other question was whether the Congress had the power to issue the writ of mandamus