D.B.Q. - Marbury vs. Madison

Essay Question: After analyzing the documents and answering the questions from each

document, then write an essay answering the following questions: Why was Marbury

vs. Madison an important supreme court case? What is Judicial Review? Does judicial

review really strengthen the Constitutional principal of checks and balances or not?

Justify your answers. Hint: your essay should have an introduction, body paragraphs

and a conclusion. Make sure you use text-based evidence in your essay.

Directions: First answer all Document Questions. Then using this packet and past

knowledge, complete the following Essay.

Make sure to have paragraphs for the introduction, body(s), and conclusion. Each Paragraph

must be at the minimum 5 sentences.

1) Why is it important for us to have Checks and Balances?

2) Which branch of government has the power to declare laws of congress

. unconstitutional?

Directions: Answer the following question.

3) How does a case get to the Supreme Court?

Document 2

The Supreme Court agreed that Marbury had a right to receive his commission but

disagreed that the Court had the power to issue the writ. Why? Because the

Supreme Court gets its power directly from the Constitution, and the Constitution

says only certain kinds of cases can start at the Supreme Court. Chief Justice John

Marshall stated that the Judiciary Act of 1789 passed by Congress was

unconstitutional, for it the gave the Supreme Court authority that was denied by

Article III of the U.S. Constitution. He held that the Constitution did not give the

Supreme Court the power to issue Writs of Mandamus. Congress did not have the

power to allow more kinds of cases to start at the Supreme Court. Therefore, the

Supreme Court said it could not help Marbury get his commission.

Chief Justice John Marshall

President John Adams

rushes through

commissions at the end

of his term, appointing

justices of the peace.

He fails to deliver all of

the ‘midnight

appointees’, which

included William

Marbury.

After Inauguration of

President Thomas

Jefferson. The new

Secretary of State, James

Madison, refuses to

deliver the remaining

appointments.

William Marbury

requests an issue of a

writ of mandamus

based on Judiciary Act

of 1789.

Madison still refuses

the writ’s command to

deliver the

appointment.

William Marbury Sues:

Marbury v Madison

(1803) Supreme Court

case - Marbury felt his

rights were violated.

Decision: Marbury had

the right to the

appointment; however,

the writ goes against the

Constitution. He did

not receive the

appointment. 4) So what? – The

Decision’s Result was:

*A writ of mandamus is an

order from a court to an

inferior government official

ordering the government

official to properly fulfill their

official duties or correct an

abuse of discretion.

Marbury v. Madison (1803)

Directions: Answer question.

Document 3

5)

Document 4

6) The 1803 Supreme Court case of Marbury v. Madison established the Supreme Court’s power of judicial review (the power to declare acts of Congress unconstitutional). What did Marshall mean by the phrase “It is emphatically the province and duty of the judicial department to say what the law is”?

7) What does Marshall say is the duty of the court “when a law is repugnant to the Constitution”?

8) What is important about the court “voiding” a law?

9) What three branches are represented in the cartoon?

10) What is represented by the writing on the backs of the players?

11) What are the refs using as a rule book?

12) What power did Marbury vs. Madison give the “referees” that is not shown in the cartoon?

13) How does Judicial Review strengthen the role of the judicial branch in this game?

Document 5

Checks & Balances: Judicial Review