Marbury v. Madison (1803)
Judicial Review: the right of the Supreme Court to review all laws, acts, and proceedings to determine if they are within the realm of the U.S. Constitution.
1. In 1796 John Adams was President. In the election of 1800, John Adams ran with CC Pickney (federalists) and Thomas Jefferson ran w/ Aaron Burr (anti-federalist). Jefferson and Burr tied. Alexander Hamilton was a federalist and he decided to support Jefferson, winning him the election.
2. Adams was left a lame duck until March. His Secretary of State was John Marshall. He called him to be the Supreme Court Chief Justice right before his term was over. Under the judiciary act of 1801 (midnight appointments), Adams called on many members of the Federalist Party to fill the judiciary branch w/ Federalists. William Marbury was supposed to be appointed as a Justice of the Peace, but never received an official seal and thus could not fill his appointment.
3. Marbury asked Jefferson's Secretary of State, James Madison to deliver the seal of appointment but he refused. Marbury sough a Writ of Mandamus from the Supreme Court that would force Madison to give the seal of appointment. In the Judiciary Act of 1789, which created other courts, Section 13 stated that cases of writs of mandamus to go to the Supreme Court.
4. In 1803, John Marshall ruled that Section 13 of the Judiciary Act of 1789 was unconstitutional, because it violated Article 3 of the Constitution, which sets clear boundaries for original jurisdiction could only concern matters of one state suing another state, or cases involving ambassadors. The ruling created judicial review.