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  • Slide: 1
  • Hey! Send over our commision papers, so we can start working! This is unfair. Adams and the Senate approved it
  • They will not be delivering them because Adams didnt deliver them before he left office.
  • The story of Marbury vs. Madison starts in 1802, when John Adams was about to leave office. He appointed many of his Federalist judges to the District of Columbia courts. They were then approved by the Senate and signed by John Adams, but they didn't have their commission papers. So, without the commissions, the judges couldn't start working because Thomas Jefferson refused to send them over. He had his Secretary, James Madison, keep them.
  • Slide: 2
  • I'm William Marbury and I deserve to have this job! I am going to take it up with the Surpreme Court to see if I can fix this.
  • One of the many jobless judges, William Marbury wanted the court to issue a writ. He basically James Mdison to explain/show why he couldnt get his commison papers.
  • Slide: 3
  • I am going to make a decion that is both fair to the Jeffersonians, and that wont go aganist court oder.
  • John Marshall, an American Politician, and Lawyer took the case because he saw it as a chance to establish some important legal precedents. Marshall knew that if the court gave Marbury a writ, then the Jefferson administration would ignore it. But if the court denied the writ it might appear that the justices had acted out of fear.
  • Slide: 4
  • This is the best decion because we are following the guidence of what the rule of law is.
  • I found that the Act is unconstitutional because it over extended what the Surpreme Courts role was, that was granted by the Constitution.
  • Marshall ruled that Acts of congress can be reviewed and overturned if the court deems them to be unconstituitonal. He brought up the section of the Judiciary act of 1789 that gave the Supreme Court the Power to make the writ of mandamus. This was still able to work with the Court Order. In other words any laws that are trying to be passed have to be accepted by the Constiution, The Surpreme Law of the land.
  • Slide: 5
  • Now, the Surpreme court will run as an equal branch with the congress. The court has become the voice of the Constitution, the final authority on what the document really meant. With striking down that law it givies up its power and defined itself as equal to and indepent of congress.
  • Slide: 6
  • Even in current day court readings, the Constitution is still used in Judical review. For example if congress passes a law that comes under judical review it will need to fall under the interpretation of the constitution.
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