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Marbury v. Madison (1803)

Key Question: Argue whether or not the Supreme Court should have the power to overturn unconstitutional federal laws.

The presidential election of 1800 was bitter and divisive. Thomas Jefferson, a Republican, defeated incumbent John Adams, a Federalist. The Federalist-controlled Congress passed a law, just days before Jefferson was to take office, allowing outgoing President John Adams to appoint forty-two new justices of the peace. These new justices became known as “midnight judges” because of the last-minute nature of their appointments.

By the time Jefferson took office, not all of the commissions formalizing the appointments had been delivered. President Jefferson ordered his Secretary of State, James Madison, not to deliver the commissions to Adams’s appointees. One of those commissions not delivered was for William Marbury. Marbury asked the Supreme Court to issue a “writ of mandamus” – a court order forcing Jefferson and Madison to deliver the commissions. The Judiciary Act, passed by Congress in 1789, had given the Supreme Court the power to issue these writs.

Sitting as Supreme Court Chief Justice was John Marshall, a Federalist, and the cousin of Thomas Jefferson. In his landmark opinion, Marshall asserted that Marbury had a right to his commission, but that the Supreme Court lacked the power under Article III of the Constitution to force the President to deliver it. In so ruling, the Supreme Court overturned the portion of the 1789 Judiciary Act granting the Supreme Court the power to issue writs of mandamus. The Supreme Court had found an act of Congress unconstitutional, and judicial review was first exercised.

This Homework Help video explores the first landmark Supreme Court cases and asks students to assess its impact on U.S. history.

Read the Case Background and Key Question.

Then analyze Documents A-K.

Finally, answer the Key Question in a well-organized essay that incorporates your interpretations of Documents A-K, as well as your own knowledge of history.

Student Handouts

Marbury v. Madison Essay

Marbury v. Madison – Case Background

Documents to Examine (A-K) – Marbury v. Madison (1803)

The Issue Endures – Marbury v. Madison (1803)

Next Lesson

Dred Scott v. Sanford (1857)

Related Resources

Video

Marbury v. Madison | BRI’s Homework Help Series

3 Min

Marbury v. Madison was the Supreme Court case that established judicial review. William Marbury was a judge appointed at the end of John Adams’ presidency, but never got his official commission papers. Once Thomas Jefferson became president, James Madison refused to deliver the commission papers. Marbury took his case to the Supreme Court and wanted a Writ of Mandamus, requiring Madison to deliver the papers. Ultimately, the court stated that Marbury was entitled to his papers, but it was unconstitutional for the courts to issue a Writ of Mandamus. Thus, judicial review was created and the principle of checks and balances was strengthened.

SCHH- GideonVideo

Tenth Period | John Marshall’s Decision, Marbury v. Madison

42 Min

BRI staff members, Kirk Higgins and Rachel Davison Humphries were joined by special guests Dr. Joyce Lee Malcolm, Professor of Constitutional Law and the Second Amendment at the Antonin Scalia Law School at George Mason University and Jotwan Daniels, 2019 BRI Teacher Council Member and Master Educator from Breckenridge, CO, as they discuss the famous Supreme Court case Marbury v. Madison. They analyze the impact of the case and discuss pedagogy techniques in a rousing discussion.