Marbury v Madison

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  • I, George Washington, would like to announce to you all, that the Judiciary Act of 1789 has been passed and signed.
  • September 24, 1789
  • T.J. is my friend and all but... I want people to remember me.
  • William Marbury!! Would you like to be a Justice of the Peace?
  • Of course! I can't wait to begin my new job tomorrow when T.J. comes into office!
  • What do you mean I have a new Justice of Peace, Mr. James Madison? It is my first day on the job!
  • Excuse me Mr. Jefferson, there's a fellow out here wanting to collect his compensation. He claims he was appointed as a Chief of Peace.
  • One day later...
  • In 1789, congress established the Judiciary Act which created the Supreme Court and left Congress the authority to create lower federal courts when needed.
  • I'm sorry sir, but you may not take your compensation. It's the president's orders.
  • What?! I was offered and promised a position of the Peace.
  • John Adams appointed William Marbury along with others as justices his last day in office. Adams knew this would make Thomas Jefferson mad however, he did it anyway.
  • If they won't give us our compensation, we will petition a writ of mandamus and send it straight to the supreme court!!
  • T.J. was angry and denied Marbury his compensation. Of course T.J.'s Secretary of State, James Madison, had to tell Marbury.
  • February 24, 1803
  • The opinion of the court is a unanimous decision for William Marbury. The Judiciary Act of 1789 is declared unconstitutional.
  • William Marbury was infuriated that Madison denied his compensation, so he sued Madison and the Supreme Court took the case.
  • A Writ of Mandamus allows Marbury to file a suit in the Supreme Court to sue James Madison for denying his compensation.
  • The Supreme Court of U.S. declared the Judiciary Act of 1789 unconstitutional because it contradicted the nation's highest law, the Constitution. This then established judicial review.
  • Chief Justice John Marshall
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