Introduction

Although John Adams lost the Presidential election of 1800, he sought to prolong his party's hold on power by making a number of last-minute appointments to the federal bench. Adams -- a Federalist -- had this opportunity because his party had recently passed the Judiciary Act of 1801. This bill created a number of new seats for federal judges. The men appointed to these judicial posts became known as “midnight judges,” since they were approved at the last minute -- while Adams was a "lame duck."

The man who defeated Adams -- Thomas Jefferson, a Republican -- refused to be bound by the last minute judicial appointments that Adams had made. Jefferson instructed his secretary of state, James Madison, to withhold the letters conferring these appointments. Jefferson then convinced Congress to repeal the Judiciary Act of 1801. However, William Marbury, one of the “midnight judges," sued Madison for refusing to deliver his letter of appointment. This led to the important Supreme Court Case, Marbury v. Madison, in which John Marshall established the power of judicial review for the Supreme Court.

Assignment

What are the origins of the case? Who was involved? Was Marbury entitled to his commission? Was the Judiciary Act constitutional? If the Judiciary Act was unconstitutional, did the Supreme Court have the power to declare it void and establish judicial review? What is the significance of the outcome?

Primary Sources

-“Judiciary Act of 1789” ( www.loc.gov/rr/program/bib/ourdocs/judiciary.html )

-“The Judiciary Act of 1789” ( http://www.infoplease.com/t/hist/federal-judiciary-act/ )

-“ U.S. Supreme Court Marbury v Madison ” ( http://supreme.justia.com/us/5/137/case.html )

-“Marbury v Madison ” ( http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=5&invol=137 )

-“Excerpts” ( www.law.duke.edu/public law/supremecourtonline/editedcases/marvmad.html )

Secondary Sources

-“Marbury v Madison ” ( www.uen..org/core/socialstudies/marbury/ )

-William Marbury ( www.jmu.edu/madison/center/main_pages/madison_archives/era/judicial/plaintiff.htm )

-"Justices John Marshall" ( www.michaelariens.com/ConLaw/justices/marshallj.htm )

-James Madison ( www.whitehouse.gov/history/presidents/jm4.html )

- Midnight Judges ( http://law.jrank.org/pages/8558/Midnight-Judges.html )

-1803 Marbury vs Madison ( http://www.multied.com/nn/Marbury.html )