U5 Marbury v. Madison (1803)

Question 1

What are the facts of the case?

Answer 1

Before leaving office, President Adams worked with Congress to pass the Judiciary Act of 1801 which created new courts, added judge positions, etc. Jefferson’s Secretary of State, James Madison, refused to deliver these commissions to the new appointees. Those appointees (including Marbury) petitioned to force Madison to deliver the commissions to them anyway.

Question 2

What is the question/issue of the case?

Answer 2

Does the Supreme Court have the authority to overturn acts of Congress that violate the Constitution?

Question 3

What was the decision of the case?

Answer 3

The Court doesn’t rule in favor of either side. They instead rule part of the Judiciary Act is in conflict with Article 3 of the Constitution which reigns supreme due to the Supremacy Clause.

Question 4

What is the significance of the case?

Answer 4

It established the principle of Judicial Review.

Question 5

What is the Constitutional Clause involved in this case?

Answer 5

The Supremacy Clause

Question 6

Is this Judicial Activism or Judicial Restraint?

Answer 6

Judicial Activism