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Marbury v madison
 

Marbury v madison

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    Marbury v madison Marbury v madison Presentation Transcript

    • All sections to appear here
    • What is Judicial Review? It is not stated in the Constitution And yet it is the most powerful tool of the Supreme Court The power to declare laws unconstitutional
    • The Adams Administration John Adams lost reelection to Thomas Jefferson In the 11th hour, Adams appointed and Senate confirmed 16 federal circuit court judges.
    • William Marbury Appointed to become the Justice of the Peace in Washington D.C. Appointment is signed but Adam’s Secretary of State fails to deliver the appointment
    • The Jefferson Administration Thomas Jefferson comes to office Marbury never becomes a Justice of the Peace, because Jefferson tells his Secretary of State, James Madison, to not deliver the appointment.  Marbury Appeals to the Supreme Court  Basis of argument:  Judiciary Act of 1789 states Supreme Court has the power to order
    • John Marshall and the Supreme Court Marshall argued Marbury had the right to the appointment But the Judiciary Act of 1789 conflicted with the Constitution  The Court did not have the power to tell the Secretary of State what to do.
    • Marbury does not get theappointment, however . . . The case establishes that the Supreme Court has the final say in all laws passed by Congress.
    • A Soap-Opera Twist. . . Before Adams left office, he appointed his derelict Secretary of State to the Judiciary. That Secretary of State’s name…