Marbury v. Madison
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Marbury v. Madison






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    Marbury v. Madison Marbury v. Madison Presentation Transcript

    • Marbury v. Madison
    • Marbury v. MadisonA. Jefferson (Republican) defeats Adams (Federalist) in the Election of 1800
    • Marbury v. Madison1. On his last day, Adams fills courts with as many Federalist judges as possibleThey were called “midnight judges” - Adams waited until 9 o’clock on his last night as President to appoint them.
    • Marbury v. Madison2. Jefferson becomes President the next day but some of Adams’judges have not yet received theirofficial forms a. Jefferson says they cannot be judges
    • Marbury v. Madison b. Jefferson orders James Madison (Secretary of State)not to give out the papers tothe judges
    • Marbury v. Madison3. William Marbury is one of the judges affected by Jefferson’s decision
    • Marbury v. Madisona. Marbury demands that the Supreme Court examine the case and force the executive branch to hand out papers
    • Marbury v. MadisonMarbury says Judiciary Act of 1789gives the Supreme Court the right todo this What was Judiciary Act of 1789?Created federal court system with 3 levels and outlined thepowers of each – district, court of appeals, Supreme Court
    • Marbury v. Madison 4. John Marshall, the chief justice and a Federalist, listens to Marbury’s case How do you think Jefferson reacted?How do you think Marshall
    • Marbury v. Madisona. Marshall agrees that Marbury had been treated unfairly AND…..
    • Marbury v. Madisona. Judiciary Act would allow SC to force Madison into making Marbury a judge BUT….
    • Marbury v. Madisonc. Marshall has to decide is this constitutional or unconstitutional?
    • Marbury v. Madison- Marshall decides that forcing the government to make Marbury judge would be unconstitutional
    • Marbury v. Madison5. Marshall’s ruling establishes Judicial Review - Supreme Court can declare act of Congressunconstitutional
    • Marbury v. Madison• Judicial review has increased the Supreme Court’s legal authority… making it a much stronger branch