Sitting in Judgment
Springboard:
Students should study the “___” cartoon and answer the questions.
Objective: The student will be able to explain the importance of Marbury v.
Madison in strengthening the judicial branch of the government and establishing
its power of judicial review.
Materials:
___ cartoon (Springboard handout or transparency)
Marbury v. Madison, 1803 (handout or transparency)
Supreme Court Decision (handout or transparency)
Understanding a Landmark Case (handout)
Terms to know:
commission - document granting power or the
authority for a particular task or responsibility
judicial review - the power of the Supreme Court to
review the constitutionality of laws
landmark - event marking an important development
or a turning point in history
Procedure:
· After reviewing the Springboard, explain that in this lesson the student(s) will
learn about the Supreme Court case, Marbury v. Madison, which established
the Court’s power of judicial review.
· Hand out or display “Marbury v. Madison, 1803.” Depending upon the
student(s)’ ability, read together or have the student(s) read the information.
Have the student(s) summarize the facts and arguments for each side and
express their ideas about who they think is right. (Answers may vary.)
· Hand out or display “Supreme Court Decision.” Read together or have the
student(s) read this information, and have them summarize what they learn.
· Hand out copies of “Understanding a Landmark Case.” Have the student(s)
work individually, in pairs, or as a whole group to complete the handout and
discuss. Suggested answers include:
o Marbury asked the Supreme Court to issue a writ to Madison to force him
to deliver the commission granted by President Adams.
o Chief Justice Marshall’s challenge was to craft a decision that would NOT
weaken the Court.
o The main issues surrounded the powers of the president, Congress, and
the courts.
o Though Marbury was entitled to his appointment, the Court could not force
the executive branch to deliver. The Constitution didn’t give Congress the
right to make laws about the powers of the judicial branch, so the law
about the writ was invalid.
o The case established the Supreme Court’s power of judicial review of laws
and increased the power of the Court. It made the judicial system equal to
the other branches, so it could more effectively check their power.
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The BEST choice of title for the editorial cartoon would be
A. “The West Wing.”
B. “United States Government.”
C. “Separate and Balanced.”
D. “All for One, and One for All.”
The building at the top of the cartoon is the
A. Capitol.
B. White House.
C. Supreme Court.
D. President.
According to the cartoon, the job of the courts is to
A. protect citizens’ rights.
C. sign any bills into law.
B. write the nation’s laws.
D. control U.S. companies.
One job reserved ONLY for the Supreme Court is to
A. hear appeals from lower courts.
B. decide constitutionality of laws.
C. try people for criminal offenses.
D. decide civil cases for companies.
The power of the Supreme Court to review laws was firmly established by
A. the Constitution.
C. a Supreme Court decision.
B. an Act of Congress.
D. a constitutional amendment.
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Answers & Explanations for “___________”
The BEST choice of title for the editorial cartoon would be (Choices A and D are
A. “The West Wing.”
clearly wrong. Students may
B. “United States Government.”
choose B, but that option is
C. “Separate and Balanced.” *
too general. C better relates
D. “All for One, and One for All.”
to the cartoon’s content.)
The building at the top of the cartoon is the
A. Capitol.
C. Supreme Court.
B. White House. *
D. President.
(The building is not labeled, but references to the president and West Wing along
with process of elimination provide the clues to its identity.)
According to the cartoon, the job of the courts is to
A. protect citizens’ rights. *
C. sign any bills into law.
B. write the nation’s laws.
D. control U.S. companies.
(B and C are incorrect. Companies are mentioned, but the Supreme Court “says”
its job is “to protect the rights of the people.)
One job reserved ONLY for the Supreme Court is to
A. hear appeals from lower courts.
B. decide constitutionality of laws. *
C. try people for criminal offenses.
D. decide civil cases for companies.
(Students may know
that other courts
at the local and
state courts perform
the other functions.)
The power of the Supreme Court to review laws was firmly established by
A. the Constitution.
C. a Supreme Court decision. *
B. an Act of Congress.
D. a constitutional amendment.
(Students will choose A, but in fact the Constitution does not expressly give the
Court this power. It says, “The judicial Power shall extend to all Cases, in Law
and Equity, arising under this Constitution,..” This question is included as a
lead-in to the lesson.)
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John Adams lost the presidential election of 1800 to Thomas Jefferson. In
his final moments as president, Adams appointed fifty-eight people from his
political party to be federal judges, filling positions which had recently been
created by the Judiciary Act of 1800. Adams had hoped to leave his party,
though it lost control of the White House and Congress, in a position of power
through the courts. His Secretary of State John Marshall delivered most of
the “commissions” appointing people to their new posts. However, seventeen
of the documents, though signed and sealed, had not yet been delivered when
Adams left the White House in 1801.
Marshall expected his replacement, James Madison, the new Secretary of
State under President Jefferson to finish the deliveries. But Jefferson did not
want to appoint people of the other party who opposed him and his ideas to
judicial positions. He told Madison not to deliver the remaining commissions
and acted quickly with Congress to repeal the Judiciary Act which had
created the openings. Without the signed documents the remaining seventeen
people Adams had appointed could not take office.
One man, William Marbury, had been named a justice of the peace in
Washington, DC. Believing he had a legal right to his position, Marbury sued
Madison to get him to release the signed form. Marbury asked the Supreme
Court to issue “a writ of mandamus,” a legal order from a court requiring an
official to either do or stop doing something. Marbury wanted the Supreme
Court to force Madison to deliver his commission.
Marbury claimed he should be given his new job because a legal document
signed by President Adams had granted him the post. He argued Madison
had no right to withhold his commission. He also argued that the Judiciary
Act of 1789 gave the Supreme Court the power to issue the writ he had
requested. Of course Madison did not agree.
By the time the case came before the Supreme Court, John Marshall had
been moved from the job of Secretary of State (yes, Adam’s Secretary of State
who had not delivered all of the commissions in the first place) to being Chief
Justice of the Court. The Supreme Court faced a very difficult situation.
Chief Justice Marshall knew that if the Supreme Court issued the writ
Marbury wanted; President Jefferson and Secretary of State Madison would
simply ignore it. That, Marshall was certain, would strike a serious blow to
the power of the Supreme Court. It would set a precedent that the executive
branch was more powerful than the judicial. It would also show that
members of the executive branch didn’t have to follow court decisions.
On the other hand, if the court sided with Madison and Jefferson, it would
look like the Supreme Court had acted out of fear. Either choice would
weaken the power of the Court. Either choice would undermine the rule of
law, the idea that EVERY person and branch of government in the U.S. must
obey the laws.
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JOHN MARSHALL’S DECISION
MARBURY V. MADISON, 1803
Opinion of the Supreme Court
On February 24, 1803, Chief Justice John Marshall delivered the opinion
of the majority of Supreme Court justices in Marbury v. Madison. The clever
Marshall not only managed to avoid the trap of deciding between two choices
that would weaken the Supreme Court, he managed to write the decision so
it actually increased the power of the Court! Justice Marshall wrote the
opinion in the case in terms of three issues:
Issue #1: Did Marbury Have a Right to the Commission? (Yes.)
The Court found that Marbury had a right to the commission since it was
signed and sealed by the president, because the Constitution gives the
president the power to appoint public ministers and consul. The justices
might have said the commission was not in force until it was delivered.
However, they decided the commission went into effect as soon as the
president signed it.
Issue #2: Did Existing Laws Offer a Solution to the Problem? (Yes.)
The opinion found that a legal remedy was required for a legal wrong.
Since the government of the United States is one "of laws and not of men,” it
would have to be up to the Courts to find a remedy for a violation of legal
rights. Citing Article III of the Constitution, the Court noted that judicial
power extends "to all cases arising under the laws of the United States."
Issue #3: Should the Supreme Court Issue a Writ of Mandamus
Requiring Marbury’s Commission to Be Delivered? (No.)
Marshall found a conflict between the Judiciary Act of 1789 and the United
States Constitution. He said the Act allowed writs of mandamus, such as the
one requested in this case. However, he also found the Act to be
unconstitutional because it conflicted with Article III of the Constitution.
Article III established a Supreme Court and gave to that Court -- and that
Court alone -- "the judicial power of the United States." He argued that if the
purpose of the judicial branch was simply to establish courts and then have
Congress decide how they were to work, the Constitution would not have
included anything about the powers of the Courts.
In the opinion Marshall clearly established that a law that conflicts with
the Constitution is not valid (or unconstitutional.). It also held that the
Supreme Court has the power to overturn any law that conflicts with the
Constitution.
The decision in Marbury v. Madison greatly increased the power of the
Supreme Court by establishing its right to judicial review of laws made by
Congress. This power was not included in the Constitution. Marbury v.
Madison gave the Court the final say as to the meaning of the Constitution.
The case made the Supreme Court an equal partner in government, serving
as an effective check and balance to the powers of the other two branches.
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DIRECTIONS: Summarize the case information
in two sentences OR LESS for each question below.
Why was Marbury v. Madison heard by
the Supreme Court?
What challenge did the Court face in
deciding the case?
What were the main issues in the case?
What was the decision in the case?
Why do you think Marbury v. Madison is considered a “landmark case”?
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