social studies

social studies

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  • I am President Thomas Jefferson and I am a Democratic Republican 
  • I am VP John Adams and I am a Federalist 
  • The Case Marbury v Madison Sydney Wright 4th 1/21/2018
  • The Federalist Congress will pass The Judiciary Act of 1801 allowing John Adams to make hundreds of appointments of the courts. He also appointed , his secretary of state John Marshall as the chief justice of the United States. 
  • I Oliver Ellsworth resign as chief of justice 
  • I appoint Secretary of State John Marshall as the new chief of justice 
  • 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.
  •  Marbury 
  • Hold these papers 
  • One man, William Marbury, was upset. He wanted to be a judge! So he asked the United States Supreme Court to issue a legal order called a writ of mandamus . In this case, the writ would have required Marbury’s commission to be delivered.  In 1789, Congress had passed a law, the Judiciary Act of 1789, saying people could start at the Supreme Court if all they wanted was a writ of mandamus. Marbury argued that he was entitled to the writ because his commission had already been created. He also argued that the Supreme Court had the power to issue the writ. 
  •  The Decision: 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. 
  • You can't help Marbury with his commission papers
  • I am sorry Marbury but we can not help you 
  • This is the first time judicial review was used. Judicial review is the right of  the Supreme Court to review and rule acts of the other branches of government. Judicial Review is important because they can declare local, state, or national laws invalid if they conflict with  the Constitution. 
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