Marbury v. Madison-notes-2019

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Stony Brook University *

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101

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Political Science

Date

Oct 30, 2023

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pptx

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Uploaded by DeanDanger10243

• Federalists and Republicans had different values concerning – Civic activism v. Political obedience – Industry v. Agriculture – Order v. Liberty – Federal Supremacy v. States’ Rights • They argued about how government should handle events like the – Whiskey Rebellion, Jay’s Treaty, Quasi-War with France, Alien & Sedition Acts

Why have only 1 chief executive? • Hamilton believed that a group of executives “hide behind each other” and evade responsibility for their actions. • Madison believed that the other branches were strong enough to “check” the growth of executive power. (Judicial and Legislative) • Jefferson believed that a free press would also check the Executive’s power by exposing corruption.

• Jefferson & Madison considered the press to be a virtual 4 th branch of government— with a key role in checking abuses of power. • So when you hear politicians trash the press as “fake news”—be skeptical of their motives. • Note the common commitment to the principle of limited government power. • Even a believer in a strong executive like Hamilton accepted the idea that executive authority required accountability & constraint of some kind.

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Jefferson’s “Revolution of 1800” • Jefferson began his presidency as an optimist. • He believed Americans had repudiated the Federalist Party and its “British” policies. • He believed that moderate Federalists would accept Jefferson’s basic beliefs and join the Republican Party. • He envisioned the U.S. as a prosperous, expanding federal union with republican governments and active citizens operating at every level of life: – Local – State – National

TJ’s Imagined Community: the Republican Party was the nation • Jefferson believed that his election in 1800 meant that the “Spirit of 1776” had risen again. • He believed that—with a few exceptions— Americans were welded together by their commitment to revolutionary values: – Limited government power – Respect for individual rights – Intolerance of corruption – Appreciation of civic activism

• Jefferson correctly predicted the demise of the Federalist party. – But he underestimated the resilience of Federalist ideas (more later) and – He underestimated how divisive the institution of slavery would become (more later). • Still, Jefferson became what historian Joyce Appleby called “the apostle of hope for a democratizing America.”

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Marbury’s Complaint The Adams Legacy • On his last night in office, John Adams made William Marbury a Justice of the Peace in Washington, D.C. • Outgoing Secretary of State and in-coming Chief Justice John Marshall forgot to deliver the official “commission” to Marbury, so he could NOT begin working. Oops! • Jefferson had the commission destroyed and refused to employ Marbury, a Federalist.

Marbury’s Demand • Marbury asked the Supreme Court to issue a Writ of Mandamus (an official court order) that would compel the new Secretary of State, James Madison, to deliver the job commission to Marbury. • The Supreme Court had the power to issue Writs of Mandamus, because the Judiciary Act of 1789 gave it the power to do so.

John Marshall’s Dilemma • Marshall, a Federalist, wanted to side with Marbury by issuing the Writ of Mandamus. • However, Marshall feared that Jefferson would have the Republican majority in Congress impeach and remove him from office if he granted Marbury’s request. • Marshall also wanted to increase the power of the Judiciary, which in 1803, remained the least powerful branch of the federal government by far. What to do?

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Marshall’s Solution I • In the short-term , he limited the power of the Supreme Court. • Marshall declared that SCOTUS could NOT force Madison to deliver the job commission to Marbury. No job for Marbury . • Why not? Marshall ruled that the part of the Judiciary Act of 1789 that gave SCOTUS the power to deliver a Writ of Mandamus was unconstitutional. – It violated the concept of separation of powers.

Marshall’s Solution II • In the long-term , he expanded the power of the Judiciary & the Supreme Court. • In declaring a part of the Judiciary Act of 1789 unconstitutional, he claimed the power of JUDICIAL REVIEW for the Judicial Branch of government. – This power dramatically expanded the influence of the judicial branch. – It became a true co-equal branch of government in terms of power and influence.