Marbury v. Madison
By hawesss, Updated
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Thank you for electing me, Thomas Jefferson. I will do my best to serve this country.
I must make sure I have a strong Federal judicial branch before Jefferson takes office.
If Adams thinks we are sending commissions to his midnight judges then that outrageous Federalist is absolutely wrong!
Alright Mr. Jefferson I won't send them.
I, William Marbury am outraged that I didn't receive my commission to become an official judge. I must appeal to the Supreme Court. They will demand that Madison gives it to me.
As Chief Justice of the Supreme Court I need to fix this problem. Jefferson and Madison have acted illegally, but if I order them to give the commissions out they will ignore me. This would weaken the power the Supreme Court has and I can't allow that.
I can't order Madison and Jefferson to give the papers anyway because a section of the Judiciary Act of 1789 is unconstitutional. It gives the Supreme Court powers not mentioned in the Constitution.
(Present Day America) As the Supreme Court we can now declare laws unconstitutional and we can check the Constitutional validity of legislative acts. This is called Judicial Review.
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