Social Studies - Comic James Madison vs Marbury

Social Studies - Comic James Madison vs Marbury

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  • It all started when Thomas Jefferson was elected to be the 3rd President of the United States of America. When Jefferson was elected, John Adams (the 2nd President of the United States of America) had seen that the Democratic-Republicans had the majority in Congress and also had a president. Noticing this, John Adams took advantage of that fact that he was a "lame duck" president and decided to fill the Judicial Branch with Federalist. One of these Federalist was William Marbury.
  • William Marbury
  • Madison vs Marbury Sameer Ahmed P2
  • John Adams
  • When Jefferson had learned about the evil doings of Adam's, he told James Madison to refuse the orders given by the former President.
  • Thomas Jefferson
  • Those Federalist!
  • James Madison
  • Obviously, after hearing the news that Marbury would not be given his position he was furious. He used the Judiciary Act of 1789 to force James Madison to give him his position. The Judiciary Act of 1789 gives the Supreme Court the power to force federal officers to do their job. James Madison believed the Judicial Brach could force James Madison to do his job of giving him his position.
  • Does it look like I care?
  • I'm going to sue you!
  • However, there was a flaw with the Judiciary Act of 1789. If the Judicial Branch forces James Madison to do his job, Madison could simply ignore it. This would only weaken the Judicial Branch. Federalist John Marsall noticed this, and also saw how the Judicial Branch has very little power over the other branches. Because of this they are not able do their Check and Balance of the other branches. John Marsall decided to use this case to give the Supreme Court another power, by using a strict interpretation of the constitution.
  • We are off to see the wizard! Wizard of Oz pun, but the road isn't yellow.
  • John Marsall states that the Judiciary Act of 1789 was unconstitutional because it gave power to the Judicial Branch that was not stated in the constitution. By doing this he gives the Supreme Court the power of judiciary review, which states that the Supreme Court has the say to say that something is unconstitutional. But by doing this Marbury loses the case.
  • So in the end, John Marsall, a strong Federalist, gave the Supreme Court the power of judiciary review by using a strict view of the constitutions . This power allows the Supreme Court to have the final say if something is unconstitutional or not. This is an extremely important power. Now the Judicial Branch is able to check over the laws that the Legislative and the Executive Branch pass.
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