The Election of 1800

Adams, Federalist incumbent Jefferson, Democratic challenger

What is at stake in this election?

--The very survival of the country (from each point of view)!!!

Election Result: Federalists lose the presidency and lose their majorities in both the Senate and the House of Representatives. --The Federalists are wiped out.

•What is the Federalists’ last resort?

Marbury v. Madison

The Background

Marbury v. Madison

After the election. . .

Adams, outgoing president Jefferson, president-elect

Judicial Branch

Marshall, Federalist Sec. of State

Marbury, Newly-Appointed Federalist Judicial Official

Marshall, New Chief Justice ofthe Supreme Court

Marshall, remains a “presidential helper” until Adams leaves office

. . . but before Jefferson is sworn in as president.

The Federalists, for a short time (until Jefferson and the new Congress are sworn in), still have control of the Presidency, the House, and the Senate. So the Federalists come up with a plan. . .

The Federalist

Plan

Marbury v. Madison

Jefferson is sworn in. . .

Adams, outgoing president Jefferson, President

Judicial Branch

Madison, Democratic Sec. of State

Marshall, New Chief Justice ofthe Supreme Court

Marshall, Unofficial “presidential helper”

“We’re outta here. . .”

Oops.

Secretary of State is to deliver judicial the appointments

Sorry, your commission has been

cancelled. . .

ThePlayers

Marbury, Newly-Appointed Federalist Judicial Official

Where’s my bloody appointment??

Marbury v. Madison

Jefferson, President

Judicial Branch

Madison, Democratic Sec. of State

Marshall, New Chief Justice ofthe Supreme Court

Marbury sues Madison, asking the Court to issue a “writ of mandamus” under the Judiciary Act of 1789

Uhhh. . .

Marshall, if you help your

Federalist crony, you’ll be sorry.

Jefferson is sworn in. . .

TheCase

Marbury, Newly-Appointed Federalist Judicial Official

Help me, Marshall old

buddy!

Marshall’s options

• Rule on the behalf of Marbury: order Madison to deliver the appointment.

RESULT: Madison would ignore the order, and the Court would be forever weakened

• Rule on the behalf of Madison: deny Marbury the appointment, even in the face of the Judiciary Act of 1789

RESULT: The Court would obviously be “knuckling under” to the the Executive Branch—forever weakening the Court.

Marshall’s Decision

• Although Marbury is right on the merits of the case, the Court cannot rule on the case because the Judiciary Act of 1789 is UNCONSTITUTIONAL.

• Marbury v. Madison gave the Court the power of judicial review.

• The Court claimed this power for itself—it is not granted anywhere in the Constitution.

Notes over Marbury v. MadisonI. Outgoing president = John Adams,

FederalistII. New president = Thomas Jefferson (TJ),

Dem-RepA. They hate each otherB. Jefferson beats Adams in election of 1800

III. Adams fights backA. Fill courts with Federalists (like Marbury) before TJ is sworn in

Notes over Marbury v. MadisonIV. But Marbury never got his appointmentV. Madison = TJ’s Sec. of State

A. Supposed to deliver to Marbury—does not

VI. Marbury sues MadisonVII. Marshall = Chief Justice, his choices:

A. Rule for Marbury = TJ would ignore the order, Court looks badB. Rule for Madison = Court looks weak (like president’s whipping boy)

Notes over Marbury v. MadisonVIII. Marshall’s decision

A. Declares law UNCONSTITUTIONAL

B. Neither Marbury nor Madison win

C. Court now has power of JUDICIAL REVIEW