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    05 Background To Marbury

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    05 Background To Marbury

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    05 Background to Marbury

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    05 Background To Marbury

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    of 2

    Halberstam - Constitutional Law

    Marbury v. Madison

    Background Facts:

    The republic was only a dozen years old, and the colonial revolution only 25 years back. The
    Supreme Court was not yet considered a significant locus of power:

    -John Jay, First Chief Justice, resigned after six years to run for governor of New York
    -John Rutledge, appointed as an associate justice in 1789, left two years later to become
    Chief Justice of the Court of Common Pleas of South Carolina (returning to the
    U.S. Supreme Court for six months in 1795 as second Chief Justice in a recess
    appointment)
    -Oliver Ellsworth, Chief Justice since 1796, sent his resignation in 1800 while on a
    diplomatic mission in France

    Election of 1800: (Democrat/Republican) Thomas Jefferson wins a popular majority, but the
    electoral college is deadlocked because of strong Federalist support among
    the electors.

    February 4, 1801: John Marshall, a strong Federalist appointed by lame-duck Federalist


    President John Adams, takes office as Chief Justice, while continuing to
    serve as Secretary of State.

    February 11, 1801: Then Vice-President Jefferson, presiding in the Senate, opens the ballots
    from the electoral college and counts questionable votes from Georgia for
    both himself and Aaron Burr. This gives Jefferson and Burr the lead,
    thereby avoiding a runoff in the still-Federalist controlled House among
    Jefferson, Burr and their Federalist opponents Adams or Pinckney. By
    counting Georgia’s ballots in favor of Jefferson and Burr, the runoff
    election in the House is limited to a race between Jefferson and Burr.

    February 13, 1801: Federalist Congress adopts the Circuit Courts Act establishing six new
    circuit courts with sixteen judges, and reduces the Supreme Court to five
    Justices.

    February 17, 1801: Presidential electoral deadlock is broken by House in favor of Jefferson.

    February 27, 1801: Federalist Congress adopts law authorizing Adams to appoint 42 Justices
    of the Peace for the District of Columbia, for five-year terms each.

    March 2, 1801: Senate confirmation of new circuit court appointees completed.

    March 3, 1801: Senate confirmation of the Justices of the Peace completed.


    March 3, 1801: Commissions made out in John Marshall’s office (since Marshall was still
    serving as Secretary of State), but Marshall’s brother James fails to deliver
    several commissions by midnight.

    March 4, 1801: Jefferson takes office, Madison succeeds Marshall as Secretary of State,
    and Jefferson instructs Madison to withhold the undelivered commissions.

    December 1801: Marbury and three others sue Madison in the Supreme Court.

    April 29, 1802: Jeffersonians repeal the Judiciary Act of 1801, eliminating the 16 Circuit
    Courts created by the outgoing Federalists (although leaving in place the
    justices of the peace), (re)imposing the obligation on Supreme Court
    Justices to “ride circuit,” i.e. to travel around the country in horse drawn
    carriage to decide appellate cases, and abolishing the June and December
    Terms, so the Supreme Court would not sit until February 1803 (after the
    next election).

    November 1802: Jefferson’s party wins by a landslide in the midterm elections.

    February 11, 1803: Oral argument in Marbury v. Madison.

    February 23-24: Oral argument in Stuart v. Laird, challenging repeal of Circuit Court Act
    and (re)imposition of circuit court duties of Supreme Court Justices.

    February 24, 1803: Supreme Court hands down decision in Marbury v. Madison.

    March 2, 1803: Supreme Court - per William Patterson - hands down Stuart v. Laird, a
    two page opinion upholding the Jeffersonian law that repealed the Circuit
    Court Act and (re)imposed the circuit court duties of Supreme Court
    Justices.

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