Judicial Review

Judicial Review

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  • March 3rd, 1801: The last day John Adams is president.
  • John Adams
  • Commission -------- -------- -------- -------- --------
  • Tomorrow, two out of three houses will be Democratic- Republican. It is my duty to protect the Federalist party, so I must assign these commissions to my fellow Federalists tonight in order for them to become judges and have a Federalist judicial branch.
  • The next day, Jefferson is inaugurated and replaces Adams as president.
  • Thomas Jefferson
  • This is an outrage of decency! Madison, do not deliver any of these commissions!
  • Commission -------- -------- -------- -------- --------
  • Yes sir, Mr. President.
  • James Madison
  • Adams appointed William Marbury to be a justice of peace in Washington D.C.
  • William Marbury
  • This is outrageous! Under the Judiciary Act of 1789, Madison is required to hand me that commission. I shall sue Madison! The Supreme Court will make sure I get my commission!
  • Marbury appealed to the Supreme Court...
  • The Marbury v. Madison case was held in 1803 under Federalist Chief Justice John Marshall.
  • I will not give Marbury his commission! What President Adams did was outrageous!
  • Madison did act illegally, but if I order him to give Marbury his commission, he will ignore it, for he has no risk of being impeached by the Democratic-Republican legislature.
  • Madison must give me my commission! Under the Judicial Act of 1789, all federal officials must do their jobs!
  • John Marshall
  • If I give the case to Marbury, the power and authority of the Supreme Court will lessen when Madison does not obey the orders. I also want to establish the Supreme Court as the final judge in evaluating the Constitution, which is impossible unless the judicial branch has power and authority among the people.
  • As Marshall used an unconstitutional power to declare another power unconstitutional, he created the power of judicial review- the power for the Supreme Court to declare a law unconstitutional.
  • Mr. Marbury, Mr. Madison is not required to give you your commission. Some portions of the Judiciary Act of 1789 are unconstitutional, because they give unconstitutional powers to the Supreme Court. Therefore, Mr. Madison does not have to give you the commission.
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