Tied twos

Tied twos

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  • Aron Burr
  • Tied Twos  Jefferson WINS Democratic-Republican
  • Thomas  Jefferson
  • Pres. John Adams made 100's of appointments to the courts to fill them with federalist and appointed John Marshall as Chief Justice before his term was up
  • John Marshall
  • 100's of appointments
  • John Adams
  • James Madison
  • Some commissions hadn't been processed for these "midnight judges" so  Jefferson told James Madison, his secretary of state, to hold them.
  • Hold Them
  • William Marbury
  • He asked the United States Supreme Court to issue a legal order called a writ of mandamus,  would have required Marbury’s commission to be delivered 
  • Marbury argued that he was entitled to the writ because his commission had already been created
  • Judiciary Act of 1789, saying people could start at the Supreme Court if all they wanted was a writ of mandamus.
  • James Madison
  •  Marshall turned down his claim. The 1789 law passed by Congress was unconstitutional. The Court said no commission for Marbury
  • John Marshall
  • the Constitution didn't give us jurisdiction 
  • William Marbury
  • 1st time EVER 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. Judicial review is important because it allows laws that violate the constitution to be fixed or just thrown away (checks & balances) 
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