Mad. V. Mar.

Mad. V. Mar.

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  • John Adams lost the 1800 presidential elections. He was part of the Federalist Party
  • Thomas Jefferson was elected President in 1800. Democratic-Republican Party
  • John Adams' Judiciary Act of 1801 gave Adams the power to make hundreds of appointments to the courts.
  • John Marshall was appointed Chief Justice by Adams after Chief Justice Ellsworth resigned.
  • John, you need to speed up and process these commissions, before Jefferson takes over the office of President.
  • Jefferson took office on March 4 and told Madison to hold the commissions that had not been processed. One of these commissions was for Marbury.
  • I am working as quickly as I can. Don't forget I have only two hands!
  • William Marbury
  • I can not believe Jefferson is holding my commission to be a judge! Based on the Judiciary Act of 1789, I need the Supreme Court to issue a writ of mandala. I have a right to my commission of judge because it was already created by Adams.
  • Sorry Marbury, but I have to turn down your request. The 1789 law passed by the Congress was unconstitutional. The Supreme Court can not help you to get your commission as a judge. 
  • Judicial review was created as a result of the Marbury vs. Madison case. This gave the Supreme Court power to be the final judge of whether a law was constitutional. Judicial Review is important because it allows laws that are inconsistent with the Constitution to be revised or removed without a full act of the legislature.
  • Marbury vs. Madison
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