Marbury vs Madison
January 14, 2016
Notebook setup
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Title page 58 in your notebook “Marbury vs Madison”
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Divide your page into 3 sections
Warm Up writing
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Respond to the following scenario in your
notebook.
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The Congress passes a law that says all citizens
who were not born in this country must return to
their country of birth within one month. The
president signs the law and says he will have the
armed forces help to enforce compliance.
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Is this law fair? Can anything be done about this?
If so, what? Marbury vs Madison (background)
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After Jefferson’s election in 1800, Federalist in Congress passed the Judiciary
Act of 1801 which increased the number of federal judges
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On John Adam’s last night as President, he appointed many Federalists to
federal courts
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However, some of the commission papers (hiring papers) were not delivered
by the time Thomas Jefferson became President
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Jefferson ordered the new Secretary of State, James Madison to not deliver
the commission papers
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William Marbury, one of the judges appointed by Adams, sued Madison
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The case went before the Supreme Court
The Decision
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The Supreme Court ruled against William Marbury.
The Judiciary Act of 1789 gave the Supreme Court the
power to rule on cases involving federal officials.
The decision said that the Constitution did not give
the Supreme Court the right to decide cases brought
against federal officials.
John Marshall, the Chief Justice of the Supreme
Court, ruled that parts of the Judiciary Act of 1789
was UNCONSTITUTIONAL
Political Cartoon
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With your partner, answer the following questions in your
notebook
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1) What do you see in the cartoon? Make a list. Include objects,
people, and any characteristics that seem to be exaggerated. ●
2) Which of the items on the list from Question 1 are symbols?
What does each symbol stand for? ●
3) What is happening in the cartoon? ●
4) What is the cartoonist's message? ●
5) Do you agree or disagree with the message? Explain your
answer.
Aftermath
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With the Marbury vs Madison case, the
Supreme Court gave themselves the power
to rule laws passed by Congress
unconstitutional.
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This power is known as judicial review
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In your notebook, create a Frayer Model of
judicial review