Marbury v. Madison (SSCG13c)

Front

Who was the "Midnight Judge" appointed as Washington, D.C. Justice of the Peace by Pres. Adam but did not receive his commission?

Back

Marbury

Front

Which Democratic-Republican president succeeded John Adams and instructed his Secretary of State not to deliver the Federalist judge commissions when he took office?

Back

Jefferson

Front

Who was Secretary of State under Jefferson and instructed by Jefferson not to deliver the judge commissions?

Back

Madison

Front

Who was Secretary of State under Adams who failed to deliver all the Midnight Judge commissions and later delivered the opinion in the Marbury v. Madison case when he became chief justice of the Supreme Court?

Back

Marshall

Front

What did the Supreme Court Opinion have to say about Marbury not receiving his commission?

Back

He had been legally nominated by the President & confirmed by the Senate so Madison violated the law by not delivering his commission.

Front

What did the Supreme Court opinion have to say about whether or not Marbury had a legal solution to deal with his not receiving his commission?

Back

Marbury had the legal right to sue in court.

Front

Marbury argued for the court to issue a "writ of mandamus" ordering Madison to deliver the commission. What was the court's response to this?

Back

The Supreme Court could not issue the order because it did not have original jurisdiction to do so according to the Constitution.

Front

Why was it a problem that the Judiciary Act of 1789 made a provision for the Supreme Court to issue writs of mandamus?

Back

This, in effect, amended the Constitution without the Article V process by giving more original jurisdiction to the Court.

Front

What dilemma was solved by the Supreme Courts decision in this case?

Back

the Supreme Court would look weak whether or not it issued the order

Front

What was the impact of the Marbury v. Madison ruling?

Back

It established the Court's power of judicial review when it ruled part of the Judiciary Act of 1789 unconstitutional and made the judicial branch coequal with the other two branches.