Marbury v. Madison

Marbury v. Madison
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  • GO REPUBLICANS
  • Marbury v. Madison the presidential election of 1800 between 2 political parties, one being Democratic-Republicans, leader being Thomas Jefferson, and the other being the Federalists, leader being John Adams. Thomas Jefferson won the election with 73 votes.
  • Marbury v. Madison - 1803 Sarah S. 1-29-19 5th
  • The Federalist Congress will pass the Judiciary Act of 1801 allowing for John Adams to make hundreds of appointments to the courts.  He also appointed John Marshall, his secretary of state, as chief justice of the United States after Chief Justice Ellsworth resigned. 
  • John Marshall, you are now secretary of state.
  • SO MANY COMMISSIONS
  • Adams and Marshall worked around the clock to process the papers (commissions) for these last minute “midnight judges.” A few of the commissions had not been processed when Jefferson took office on March 4. Jefferson told James Madison, his secretary of state, to hold them.  One of these was for William Marbury.
  • Adams and Marshall worked around the clock to process the papers (commissions) for these last minute “midnight judges.” A few of the commissions had not been processed when Jefferson took office on March 4. Jefferson told James Madison, his secretary of state, to hold them.  One of these was for William Marbury.
  • Marshall turned down his claim. Marshall said that the Constitution did not give the Supreme Court jurisdiction to decide Marbury’s case.  That meant the 1789 law passed by Congress was unconstitutional.  Therefore, the Supreme Court said it could not help Marbury get his commission. 
  • Judicial Review is still important today,  it allows laws that are inconsistent with the constitution to be revised or expunged without a full act of the legislature. Inconsistent- violating the rights and liberties protected by the constitution
  • 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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