Marbury v Madison

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  • President Adams: "I appoint you, John Marshall, to be Chief Justice so that the judiciary can remain in Federalist hands!"
  • Chief Justice John Marshall
  • Adams: "I will now stay up all night writing commissions".
  • President Jefferson: "Madison! Do not deliver those commissions!"
  • Secretary of State, Madison: "okay"
  • To keep the judiciary in Federalist hands, President Adams appointed John Marshall, a strong Federalist leader, to be Chief Justice.
  • William Marbury: "You must deliver my commission to me!"
  • Marbury: "You are violating Section 13 of the Judiciary Act of 1789!"
  • Madison: "No I do not".
  • On the night before the new president (Thomas Jefferson) was inaugurated Adams stayed up late writing commissions for the new judges.
  • Chief Justice Marshall: "Mr. Marbury has a legal right to his commission. And a certain section of the Judiciary Act of 1789 is unconstitutional because it give the Court powers that are not directly mentioned in the Constitution."
  • When President Jefferson was inaugurated on March 5, 1801 he ordered his secretary of state James Madison, not to deliver the commissions.
  • "We will now practice judicial review. This is where the Court has the final decision in what is, or isn't, constitutional."
  • One of the judges that was supposed to recieve a commission from Madison was William Marbury. He appealed to the Supreme Court that Madison should have to give him his commission. He argued he was violating The Judiciary Act of 1789.
  • Marshall was in a tough situation, but he eventually came to the decision that the court could not order Madison to deliver Marbury's commission. This case ultimately resulted in judicial review.
  • The result of judicial review was that it strengthened the federal government and the checks and balances system.
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