Marbury v. Madison

Marbury v. Madison

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  • One of Adamsś midnight judges was Federalist William Marbury. However, he did not recieve his comission before Adams left office. He was mad.
  • Marbury sued for his job. He believed that it was James Madisonś job to deliver the commission. 
  • John Marshallś Court decided the case of Marbury v. Madison. Although the Court held that Marbury was entitled to the commission, it ruled that Madison did not have to deliver the commission.
  • He doesn't  have to!
  • It said that the section of the federal law that granted such power was unconstitutional. This was the first time that the Court had reviewed a federal law and declared it unconstitutional!
  • The first time!
  • So, the Court took the power of judicial review, which the Constitution provided for state laws, and applied it to federal laws as well. This was an expansion of the Court’s power.
  • Judicial Review
  • (POWER!)
  • Besides the decision in Marbury v. Madison, Jefferson probably would have challenged Marshall’s use of judicial review in later cases. He did not want Marshall to increase the power of either the national government or the Court. However, the Court did not assert judicial review again until 1857. THE END!
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