Marbury v Madison: Judicial Review

Judicial Review

Article 3 - Judicial
When the Constitution was written there were still lots of questions about the judicial branch. in 1789 congress passed the Judiciary Acts establishing lower/district courts

First competitive
John Adams v Thomas Jefferson
Jefferson believed in more power to the states as in the Democratic-Republican Party (Modern democratic party)
Jefferson Wins - first defeated president (Adams)
- Both houses of congress wins
Adams was upset and refuses to go to Jefferson’s inauguration
Federalists are mad and tried to stock the courts with Federalists
- Also passed Judiciary act of 1801 and the Organic Act of 1801

John Marshall served as secretary of state under Adams - deliver presidential appointments and was appointed to the chief justice of the Supreme Court under Adams
Not all of Adam’s commissions were delivered before he left office and they are now known as Midnight Judges (as in last second)
William Marbury was one of the last judges that Adams sent and it happened after he left office and thus Jefferson said throw them out Madison was Jefferson’s Secretary of State
- Jefferson tells Madison to trash and late appointments
- Marbury is PISSED - files a lawsuit against Madison
Marbury based it off of the Judiciary Act that gives the Supreme Court the power to issue orders to the Executive Branch (Original Jurisdiction)
Marshall should be on Marbury’s side
Questions
- Does Marbury have a right to the Job?
- Yes - he got presidential nomination and Congress Approval
- Did Marbury have a right to take the case to the Supreme Court?
- Conflict - Judiciary Act of 1789 conflicts with Article 3
- Law determined Unconstitutional

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