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CHAPTER 10 • SECTION 1
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Marbury v. Madison (1803)
Talk About It
• How did John Adams try to ensure that
Federalist views would be strong in the
government after his defeat? (He appointed
as many Federalist judges as possible before
Jefferson’s inauguration.)
• Main Ideas and Details What was the
key issue in Marbury v. Madison? (whether
Congress could give greater powers to the
Supreme Court than those stated in the
Constitution)
CRITICAL THINKING ANSWER
Summarize Many of his rulings
strengthened federal power over the states;
Marbury v. Madison strengthened the
Supreme Court’s role in the Constitution’s
system of checks and balances.
RESEARCH &
Go online to explore
WRITING
CENTER
more of the heated
debate at
ClassZone.com
History Makers
John Marshall
Find links to biographies of John Marshall
at the Research and Writing Center @
ClassZone.com. Before John Marshall
became Chief Justice, the Supreme Court
was not seen as a strong force in the
government. One reason was that every
justice gave an opinion on each case, and
because these often differed, a single
message was not delivered.
Marbury v. Madison (1803)
KEY ISSUE Judicial review
KEY PEOPLE John Adams
Thomas Jefferson
James Madison
William Marbury
president 1797–1801; appointed Federalists as judges
president 1801–1809; Democratic-Republican
secretary of state to President Jefferson
Federalist lawyer; appointed as justice by President Adams
The Case
History Makers
John Marshall
1755–1835
John Marshall was the fourth
chief justice of the U.S.
Supreme Court. Marshall set
out to make the judiciary a
force to be reckoned with.
In 1803, in the case of
Marbury v. Madison, Marshall
upheld the power of judicial
review. Many other rulings
during Marshall’s tenure as
chief justice also strengthened
federal power over the states.
Jefferson and Madison were
angry when Marshall claimed
this power for the Court,
but they could hardly fight
his decision. After all,
Marbury v. Madison was
decided in their favor.
ONLINE
BIOGRAPHY
For more on John Marshall, go to
the Research & Writing Center
@ ClassZone.com
President John Adams appointed William Marbury to be a
justice of the peace. However, Adams’s term as president ended
before the appointment papers were delivered to Marbury. After
Thomas Jefferson took office, he named James Madison as secretary of state. Normally it would have been Madison’s job to
deliver appointment papers, but Jefferson ordered Madison not
to deliver Marbury’s papers.
Marbury then sued. He asked the Supreme Court to order
Madison to deliver the papers.
The Court’s Decision Marbury based his demand on two parts
of the Judiciary Act of 1789. One part of that law created federal
judgeships. Another part named the Supreme Court to settle disputes
about certain judicial appointments.
The Supreme Court decided that the Judiciary Act was an invalid
law. When Congress passed the Judiciary Act it gave a new power to
the Supreme Court. But the Constitution does not allow Congress
to do that. As Chief Justice John Marshall wrote, if the Constitution
is to be the supreme law of the land, then any law contrary to the
Constitution “is not law.”
Historical Impact This was the first time the Supreme Court exercised the power of judicial review by overruling a law passed by
Congress. Until this time, the Supreme Court was thought of as
virtually powerless. That changed after Marshall proclaimed, “It is,
emphatically, the province and the duty of the judicial department
to say what the law is.” Marshall’s decision strengthened the Constitution’s system of checks and balances by affirming an important
power of the courts.
By upholding judicial review, Marshall helped to create a lasting
balance among the three branches of government. The strength of
this balance would be tested as the United States grew.
CRITICAL THINKING Summarize Explain how John Marshall strengthened
the Supreme Court.
342 Chapter 10
More About . . .
Marshall Avoids Confrontation
Marshall couldn’t be sure that Jefferson
would not ignore a Supreme Court decision
and provoke a battle over Supreme Court
power. In his Marbury v. Madison opinion,
he criticized Jefferson for failing to deliver
the appointment papers to Marbury.
However, Marshall did not order Jefferson
to do anything differently, and therefore
avoided a confrontation over judicial power.
Unit 4 Resource Book
• Historic Supreme Court Decisions,
pp. 183–184
342 • Chapter 10
DIFFERENTIATING INSTRUCTION: TIERED ACTIVITIES
OBJECTIVE Create an exhibit about Thomas Jefferson that includes basic facts about his
life and accomplishments, as well as some analysis of his place in history.
Basic
Have students work in a
group to draw a large time
line about Thomas Jefferson
with at least five entries.
They can research events
by searching in books or on
the Internet. Possible entries
include his birth, death, and
years as president.
On Level
Have students work in a
group to prepare a poster
that includes some of
Jefferson’s significant
interests and achievements,
including information on
inventions, architecture,
science and farming
experiments, music, books
and Library of Congress.
Challenge
Have students locate online
the epitaph that Jefferson
wrote for his own gravestone.
Have them prepare an image
for the exhibit and write a
paragraph for display on why
this epitaph is remarkable
and how it reflects his views
on social equality.
CHAPTER 10 • SECTION 1
Jefferson and the Federalists Jefferson wanted the government to have
less power than it had under the Federalists. He reduced the number of
federal employees and the size of the military, and sought to end Federalist programs. Congress, now controlled by Democratic-Republicans, let the
Alien and Sedition Acts end. Jefferson released prisoners convicted under the
acts. Congress also ended many taxes, such as the unpopular whiskey tax.
Next, Jefferson made changes to Federalist financial policies. Alexander
Hamilton had created a system that depended on a certain amount of public
debt. Hamilton believed that people who were owed money by their government would make sure the government was run properly. But Jefferson
opposed public debt. He used revenues from tariffs and land sales to reduce
the amount of money owed by the government.
CONNECT
How did the events of the Jefferson
Era strengthen the nation?
Ask students what they have learned so far
that can help them answer this question.
Students might mention:
Conflict with the Courts Although Jefferson ended many Federalist pro1801
grams, he had little power over the courts. Under the Judiciary Act of 1801,
Adams had appointed as many Federalist judges as he could between the
election of 1800 and Jefferson’s inauguration. Because judges were appointed
for life, Jefferson could do little about Federalist control of the courts.
Marshall, the Supreme Court upheld federal
Under Chief Justice John Marshall
authority and strengthened federal courts. In 1803, in Marbury v. Madison,
Answer: Jefferson
review—the final authority of the reduced the number of
Marshall affirmed the principle of judicial review
Supreme Court on the meaning of the Constitution. (See page 342.)
federal employees, the
COMPARE AND CONTRAST Explain how Jefferson’s policies differed
from those of the Federalists.
• Jefferson urged Americans to unite after
his election.
• Jefferson repealed unpopular taxes and
let the Alien and Sedition Acts end. He
also changed financial policy so that
government debt was reduced.
• Jefferson stood by the Constitution and
allowed the Federalist Supreme Court to
establish and increase its power.
size of the military, and
the amount of money
owed by the government.
4
ONLINE QUIZ
1
Section Assessment
TERMS & NAMES
1. Explain the significance of
• Thomas Jefferson
• John Marshall
• Judiciary Act of 1801 • judicial review
USING YOUR READING NOTES
2. Main Ideas and Details Complete the chart you
started at the beginning of this section.
repealed
unpopular
taxes
Changes made by
Jefferson and
the DemocraticRepublicans
to the Essential Question
For test practice, go to
Interactive Review @ ClassZone.com
Assess & Reteach
Assess Have students complete the Section
Assessment.
KEY IDEAS
3. What was unusual about the election of 1800?
4. Why did Jefferson seek unity between political
parties?
5. What is the lasting importance of Marbury v.
Madison?
Unit 4 Resource Book
• Section Quiz, p. 103
Interactive Review
@ ClassZone.com
CRITICAL THINKING
6. Compare and Contrast In what ways did the
Federalists and Democratic-Republicans differ?
7. Analyze Point of View Why do you think
Jefferson wished to promote a modest lifestyle?
8. Causes and Effects How did Adams’s last-minute
appointments affect the new president?
Power Presentations
Test Generator
Reteach Have students work in pairs to create
a topic outline of the section using main ideas.
Ask volunteers to share their outlines.
9. Technology Research Thomas Jefferson’s
interests. Design an Internet page about Jefferson
that shows his inventions or a building he designed.
Unit 4 Resource Book
• Reteaching Activity, p. 106
The Jefferson Era 343
SECTION 1 ASSESSMENT ANSWERS
Terms & Names
1. Thomas Jefferson, p. 339; Judiciary Act of
1801, p. 343; John Marshall, p. 343; judicial
review, p. 343
Using Your Reading Notes
2. Details—reduced size of government and
military; let Alien and Sedition Acts end;
reduced public debt
Key Ideas
3. The election resulted in a tie that had
to be broken by a vote in the House of
Representatives.
4. Jefferson wanted to unify Americans,
regardless of their political parties.
5. It affirmed the Supreme Court’s power of
judicial review, which ensured a lasting balance
among the three branches of government.
Critical Thinking
6. Possible Answer: Federalists wanted a larger
and more powerful central government.
7. Possible Answer: because living modestly
would help people to be independent and
therefore good participants in a democracy
8. They made it harder for President Jefferson
and Congress to get things done.
9. Internet pages should show detailed
knowledge of Jefferson’s interests and
accomplishments. Use the rubric to score
students’ pages.
Technology Rubric
Content
Accuracy
4
excellent; shows many details no errors
of inventions or building design
3
good; shows some details of
inventions or building design
few/minor
errors
2
fair; shows few details of
inventions or building design
several
errors
1
poor; has many missing details many errors
of inventions or building design
Teacher’s Edition • 343