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  • It is the night before Democratic-Republican Thomas Jefferson's inauguration as the next president of the United States. The Democratic-Republicans have also won the majority of the seats in the congress.
  • I can't just sit back and let the Federalists to lose control of the American Government! I need to appoint as many new federalist appointments as possible.
  • One of the people who Adams appointed was William Marbury as Justice of Peace in the District of Columbia. However, Jefferson refused to recognize the appointment.
  • Madison, I do not want you to deliver these appoinments.
  • Marbury was infuriated!
  • He decided to sue Madison under the Judiciary Act of 1789.
  • Chief Justice Marshall had something different to say......
  • To everyone's shock, Marshall said that the Judiciary Act of 1789, which spelled out the delivery of commissions, gave the Supreme Court authority that it was not given in the third article of the constitution. This established the idea of judicial review, or the court's ability to declare legislation unconstitutional.
  • Unconstitutional? Could the Supreme Court even do that?
  • No, but that's the best part! Marshall set the precedent of Judicial Review, the final (and necessary) check and balance and secured confidence that the legislature wasn't a body of tyrants.
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