"But the President Said I Could Be a Judge!"

Question

In 1800, President John Adams ran for re-election, but he lost to Thomas Jefferson. During his last weeks in office, Adams appointed a bunch of men to be justices of the peace in the District of Columbia. Each man was to receive a paper commission that was signed and sealed. The commissions were prepared, but they were not sent before Adams left office. When President Jefferson took over, he refused to send them. One man who was set to be appointed, William Marbury, was upset. He wanted to be a judge! So he asked the United States Supreme Court to issue a legal order called a writ of mandamus (man-DAY-mus). A writ of mandamus is a court order to a lower court or public authority that they must perform their official duty. In this case, the writ would have required Marbury's commission to be delivered.

The Argument

James Madison was Jefferson's Secretary of State. He was told not to deliver the commissions.

ISSUE

Does the Supreme Court have the power to hear more types of cases than just those the Constitution says it can hear?

DECISION

No. The Supreme Court only has the power to do what the Constitution says.

Did you notice that Marbury didn't start in a regular, local court? He started at the Supreme Court. Normally, that doesn't happen. But in 1789, Congress passed a law saying people could start at the Supreme Court if all they wanted was a writ of mandamus. Marbury argued that he was entitled to the writ because his commission had already been created. He also argued that the Supreme Court had the power to issue the writ.

The Decision

The Supreme Court agreed that Marbury had a right to receive his commission but disagreed that the Court had the power to issue the writ. Why? Because the Supreme Court gets its power directly from the Constitution, and the Constitution says only certain kinds of cases can start at the Supreme Court. That meant the 1789 law passed by Congress was unconstitutional. Congress did not have the power to allow more kinds of cases to start at the Supreme Court. Therefore, the Supreme Court said it could not help Marbury get his commission.

Believe it or not, this is considered one of the most important cases

the Supreme Court has ever decided. That's because it was the first

time the Supreme Court struck down an act of Congress for being

unconstitutional. The idea that the Supreme Court has the final say

about what is constitutional is called judicial review. Judicial review

lets the judicial branch do two things: 1) interpret the Constitution and

decide what it means, and 2) stop the executive and legislative branches

from doing things that go against the Constitution. The decision in Marbury v. Madison helped cement the judicial branch as equal to the other two branches of government by giving it equal power.
Read about the court case, Marbury v. Madison. Answer the questions to complete the case study. Write in complete sentences.

1. Summarize the facts of the case. Read "But the President Said I Could Be a Judge

2. What constitutional rights are at issue? Read The Argument.

3. How did the Court rule? Read The Decision.

4. Why did the Court decide the way it did? Read So What?

5. Do you agree or disagree with the Court's decision? Why or why not?

If you are stuck, think about

The concept of judicial review and its role in upholding the Constitution.

The balance of power among the branches of government.

The long-term implications of the decision on the legal system and democracy

Answer 1

1. The case of Marbury v. Madison involved William Marbury, who was appointed as a justice of the peace by President Adams but did not receive his commission before President Jefferson took office. Marbury petitioned the Supreme Court for a writ of mandamus to compel Secretary of State James Madison to deliver his commission.

2. The constitutional rights at issue in the case were whether the Supreme Court had the power to hear cases beyond what was explicitly stated in the Constitution and whether Congress had the authority to expand the types of cases the Supreme Court could hear.

3. The Court ruled that while Marbury had a right to his commission, the Supreme Court did not have the power to issue the writ of mandamus because it was not within their jurisdiction as outlined in the Constitution.

4. The Court decided the way it did because they believed in the principle of judicial review, which allows the Court to interpret the Constitution and strike down laws that are unconstitutional. They also emphasized the separation of powers among the branches of government and the need for checks and balances.

5. I agree with the Court's decision in Marbury v. Madison because it established the important principle of judicial review, which ensures that the Constitution is upheld and prevents the other branches of government from exceeding their constitutional authority. The decision ultimately strengthened the role of the judiciary in protecting individual rights and upholding the rule of law.