Marbury vs Madison (1803) Flashcards
Why is this an important court case?
It established the Supreme Court as an equal branch. It gave them authority.
What was the case about?
William Marbury (federalist) got appointed to the Supreme Court by John Adams. He didn’t receive the nomination until Thomas Jefferson (anti-federalist) became president. Jefferson refused to make him Justice. Marbury sued Jefferson and Madison (Secretary of State).
What was the argument for the government?
Jefferson and Madison made no argument and refused to show up. The respected the Supreme Court that little.
What was the argument for Marbury?
The court should issue a writ of mandamus to Madison directing him to give Marbury his job. Marbury was being denied his property (which is a natural right).
What was the Court’s decision?
Marbury was entitled to commission, but a writ of mandamus wasn’t appropriate because the Judiciary Act of 1789 was unconstitutional.
Madison should give Marbury the job but they can’t compel him.
The Supreme Court had the power to decide if Congress was acting unconstitutionally.
What is the Judiciary Act of 1789?
Established a Supreme Court but lower federal courts can be created by Congress as needed.
Deemed unconstitutional because it could enlarge the jurisdiction of the Supreme Court that was allowed by the constitution.
What is original jurisdiction?
The Supreme Court can hear any case they want.
What is the Judiciary Act of 1801?
It expanded federal jurisdiction, eliminated Supreme Court justices’ circuit court duties, created 16 federal circuit court judgeships.
What is a writ of Mandamus
A court order to an inferior government official telling them to do something.
What is the Judiciary Act of 1802?
Abolished circuit court judgeships established by Congress.
