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Democratic vs. Federalist
Cassie Dodds 1-22-18 7th Gruber. John Adams and Thomas Jefferson. The election got tied so it had to get sent to congress.
Federalist Congress allowed John Adams to make hundreds of appointments to the courts. John Marshall was his secretary of state.
I need to make appointments to the courts now that i have the right to.
Adam and Marshall stayed up late to process papers for last "minute judges." Not all commissions were delivered yet like for William Murbury.
Congress passed a law,Judiciary Act of 1789,people could start at the Supreme Court if all they wanted was a writ of mandamus. Marbury argued that he was entitled to the writ because his commission had already been created and that that the Supreme Court had the power to issue the writ.
Marshall said that the Constitution did not give the Supreme Court jurisdiction to decide Marbury’s case. 1789 constitution was unconstitutional.
This was the first time that judicial review was used. Judicial review is the right of the Supreme Court to review and rule on acts of other branches of government.
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