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  • The fight is between the Federalist and Democratic-Republicans. The Federalist lost.
  • Election of 1800 
  • The Federalist Congress will pass the Judiciary Act of 1801 allowing for John Adams to make hundreds of appointments to the courts.  He also appointed John Marshall, his secretary of state, as chief justice of the United States after Chief Justice Ellsworth resigned.
  • The Judiciary act will be passed.
  • -Adams and Marshall worked around the clock to process the papers for these last minute “midnight judges.” A few of the commissions had not been processed when Jefferson took office on March 4. Jefferson told James Madison, his secretary of state, to hold them.  One of these was for William Marbury.
  • Stop the rest of the commensions
  • Yes sir!
  • William Marbury, was upset because he wanted to be a judge. So he asked the United States Supreme Court to issue a legal order called a writ of mandamus. In this case, the writ would have required Marbury’s commission to be delivered.  He also argued that the Supreme Court had the power to issue the writ.
  • You have the power to write me a writ.
  • Marshall turned down his claim. Marshall said that the Constitution did not give the Supreme Court jurisdiction to decide Marbury’s case. 
  • *@!@*!@**!@@!* @@!!**@*!****!@**@@!
  • We can't do this for you because that law was unconstitutional.
  • This was the first time that judicial review was used.  Judicial review is the right of the Supreme Court to review and rule on acts of other branches of government. Judical Review is important because we can't take every problem to the Supreme Court.
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