Marbury v. Madison: The Power of Judicial Review Preview Activity – Journaling: Write an answer to the following questions. “You have been elected the new Mayor of Allen. Before leaving office, the old mayor gave jobs to several of his political friends but the paperwork hasn’t made it to the personnel office yet. A. Should you 1) honor the jobs promised by the old mayor, or 2) cancel the jobs since they aren’t “officially” in the system yet? B. What are the possible negatives to denying these people their jobs? What are the possible positives to allowing them to take these jobs? C. Would it make a difference if the perspective employees had worked against you in the mayoral elections? Background reading Thomas Jefferson, a member of the Republican Party, won the elecon of 1800. Before Jefferson took office, John Adams, the outgoing President who was a Federalist, quickly appointed 58 members of his own party to fill government jobs created by Congress. He did this because he wanted people from his polical party in office. It was the responsibility of Adams' Secretary of State, John Marshall, to finish the paperwork and give it to each of the newly appointed officials. Although Marshall signed and sealed all of the papers, he failed to deliver 17 of them to the appointees. Marshall thought his successor would finish the job. But when Jefferson became President, he told his new Secretary of State, James Madison, not to deliver some of the papers. Those individuals couldn't take office unl they actually had their papers in hand. Adams had appointed William Marbury to be jusce of the peace of the District of Columbia. Marbury was one of the last-minute appointees who did not receive his papers. He sued Jefferson's Secretary of State, James Madison, and asked the Supreme Court of the United States to issue a court order requiring that Madison deliver his papers. Marbury argued that he was entled to the job. When the case came before the Court, John Marshall — the person who had failed to deliver the commission in the first place — was the new Chief Jusce. The Court had to decide whether Marbury was entled to his job, and if so, whether the Judiciary Act of 1789 gave the Court the authority it needed to force the Secretary of State to appoint Marbury to his posion. 1. Identify the political party of Thomas Jefferson and John Adams. TJ-Dem-Republican, JA- Federalist 2. Why would John Adams quickly fill these appointments?He wanted the positions to be filled with people of the Federalist party. 3. Why were several of the new federal judgeship appointments not allowed to take office? The appointments were not officially delivered to the men appointed 4. Why did William Marbury sue James Madison? James Madison was the new Secretary of State who was suppose to deliver the appointments, but TJ told him not to. 5. Who do you predict that John Marshall will side with? John Marshall had been John Adams Secretary of State and was a Federalist. It seems likely he would side with Marbury.