Marbury v Madison

Marbury v Madison

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  • I will write in last minute judges that are Federalists to support my causes instead of Jefferson's.
  • Madison never delivered my letter and now I do not have a job! This is not fair! I'm suing him!
  • Madison never delivered my letter to be a Supreme judge and it is not right!
  • I am going to use this case to get some pull for the judicial branch.
  • Before John Adams left office he signed many new judges into the Supreme Court, known as the "midnight judges."
  • According to the Act I cannot issue a writ because it is unconstitutional.
  • Not all of the letters were delivered to all of the new judges before Thomas Jefferson became president so Jefferson decided to pick some of his own judges that agreed with his views. William Marbury was one that did not recieve his letter and he sued Madison.
  • I'm sorry but Jefferson has the right to choose his own judges.
  • So Marbury took the case to the Supreme Court where John Marshall would make the decision on the case. Marshall also used this case to give more power to the judicial branch.
  • I declare this unconstitutional!
  • Marbury petitioned for a writ of mandamus, which would require Madison to tell why he never received his letter. The Chief Justice consulted the Judiciary Act of 1789 to see if he could issue the writ.
  • Marshall denied Marbury his position due judicial review. Jefferson appointed new judges and the new Democratic-Republican controlled Congress eliminated most of the midnight judges by repealing the Judiciary Act of 1802.
  • Basically what Marbury v. Madison did was confirm the ability of the Supreme Court to limit Congress's power by being able to declare legislation unconstitutional. 
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