0. Introduction
The Supreme Court Historical Society
PRESENT
Marbury v. Madison:
The Empowerment of the Judiciary
- The Judiciary: the Weakest Branch1
- Introducing John Marshall2
- Adams Appoints the "Midnight Judges"3
- The Democratic-Republicans Fight Back4
- William Marbury, D.C. Justice of the Peace?5
- Charles Lee Represents Marbury6
- Constitutional Crisis7
- The Justices Hear the Argument8
- Marshall Issues The Decision9
- Who Interprets the Constitution?10
- Judicial Review11
- Aftermath12
1. The Judiciary: the Weakest Branch
Chief Justice Oliver Ellsworth
President John Adams
John Jay, the first Chief Justice
The Supreme Court in the 1790s
The Supreme Court heard cases inside Committee Room 2 in the Capitol building
2. Introducing John Marshall
John Marshall
George Washington on horseback
Marshall's elegant home in Richmond
John Marshall served in Congress
Marshall (left) discussing a case
Signing a treaty with France
3. Adams Appoints the "Midnight Judges"
Congress met in the North Wing of the Capitol, the first part constructed
The Judiciary Act of 1801
Adams' list of appointees
John Adams
4. The Democratic-Republicans Fight Back
The White House was then called the President's House
Democratic-Republicans held a Majority in Congress
Congressmen Voted on The Repeal Act
The justices felt burdened by having to travel widely to serve as judges on regional circuit courts
5. William Marbury, D.C. Justice of the Peace?
Washington, D.C. in 1801
William Marbury
Marshall sealing commissions
Marbury's house, where the commission should have been delivered
6. Charles Lee Represents Marbury
William Marbury
Marbury's lawyer Charles Lee
Secretary of State James Madison
Before issuing the writ of mandamus, the Court had first asked Madison to give a reason why it should not compel him to deliver the commission
7. Constitutional Crisis
Both houses of Congress met here
The six justices of the Supreme Court: Samuel Chase, William Cushing, John Marshall, Alfred Moore, William Paterson, and Bushrod Washington
8. The Justices Hear the Argument
Charles Lee
Four justices heard the case argued because two were ill
Jefferson's Attorney General Levi Lincoln
The justices deliberated the case in their hotel next to the Capitol building
9. Marshall Issues The Decision
Marshall read the opinion in the hotel's packed front parlor
The Judiciary Act of 1789
Congressmen rushed to the hotel to hear Marshall deliver the Court's decision
Marbury v. Madison Decision
William Marbury
10. Who Interprets the Constitution?
Signing the Constitution
11. Judicial Review
Marshall was Chief Justice until 1835
The Constitutional Convention, 1787
Justice William Paterson
12. Aftermath
Credits
Produced by InHeritage & Article 3 Films
Sponsored by the Supreme Court Historical Society
Executive Director, Script: Clare Cushman
Historical Consultants: Timothy Huebner and Lucas Morel
Associate Producer: Marian Hampe
Color Illustrations: Trevor Irvin
Narration: Carolyn Cook
Voice Actors:
David Gallalee - John Marshall
Curt Viebranz - John Jay
Wilhelm Merck - John Adams
Jack Bocock - Thomas Jefferson, Charles Lee
We are grateful to the following for use of their images:
National Gallery of Art
Collection of the Supreme Court of the United States
Architect of the Capitol
National Archives
Nasher Museum
Library of Congress
Preservation Virginia
Perley's Reminiscences of Sixty Years in the National Metropolis (1886)
Philadelphia Museum of Art
National Portrait Gallery
Senate History Office
Shutterstock
Alamy
Presidents and Fellows of Harvard College
White House Historical Association
National Park Service
Maryland Center for History and Culture
Maryland Historical Society
US Capitol Visitor Center
Department of Justice
Wikimedia Commons via Flickr
Britannica
Dave Buckhout