Marbury vs.Madison

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  • The Supreme Court Case: Marbury vs Madison (1803)  By: Nathalie Cuevas 
  • In the presidential election 1800, Thomas Jefferson won against John Adams. In John Adams' last hours of presidency, he appointed many federalist judges to maintain the Federalist power in Congress. Since the Federalist appointments to court were not subject to recall or removal except by impeachment. One of the judges he appointed was William Marbury to be Justice of Peace in the district Columbia.  
  • You will be a jusice of peace, Marbury.
  • Thank you Adams.
  • 
  • Upon taking office, President Jefferson wanted to block Federalist Judges appointed by his predecessor, President John Adams. He order his Secretary of State, James Madison not to send the commissions to those Federalist judges. Thomas Jefferson was trying to prevent have people in congress who opposed the ideals of the new Democratic Republican government. 
  • I cannot believe John Adams and all of his commissions. James do not send them.
  • Okay
  • After a period of time, Marbury noticed that his commission to be appointed in congress has not arrived. He and three other similarly situated appointees petitioned for a writ of mandamus compelling the delivery of their commissions. His case against James Madison reached the Supreme Court in 1803.   
  • We want our commissions!
  • The chief court justice, John Marshall, denied the petition and the writ of mandamus. Although he found out that the petitioners were entitled to their commissions, he held the Constitution did not give the Supreme Court the right to issue writs of mandamus. The Judiciary Act of 1789 provide congress the power to issue these writs, but it gave greater power to the courts than the Constitution allowed. John Marshall stated that the law was unconstitutional and Marbury will not receive his commission.  
  • This is unconstitutional. 
  • I am amazing! The End
  • In effect, through Marshall's decision he created a long term judicial victory. By ruling the Judiciary Act of 1789 unconstitutional, Marshall established the doctrine of judicial review. From this point on, the Supreme Court has the power to decide whether an act of Congress or of the president was allowed by the COnstitution.
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