Marbury v. Madison

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Marbury v. Madison

• 1803

2
Set up your lined paper

• Background
• Question before the court
• Arguments for both sides
• Supreme court decision
• IMPACT

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Background

• John Adams and the Federalists passed the
  Judiciary Act, which created new judgeships.
  Adams named avid (passionate or dedicated)
  Federalist to positions, but not all job papers
  were distributed.
• Thomas Jefferson who defeated John Adams for the
  Presidency takes office and refuses to give out
  the jobs that Adams had promised.

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Question before the Supreme Court..?

• Should the Supreme Court order the commissions
  (jobs) to be delivered?

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Arguments

• The Supreme Court had to decide what to do
• If they order the jobs (commissions) to be
  delivered will Jefferson ignore them?
• If they dont do anything will the Court look
  weak?

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Decision

• Court did not order Jefferson to give out jobs
  because
• Did not have original jurisdiction the case
  needed to go through the lower courts first!
  (need to appeal)
• The Judiciary Act did not follow Constitution

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Impact

• Established Judicial Review interprets law, is
  it Constitutional?
• CONSTITUTION IS THE SUPREME LAW OF THE LAND!

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Regents question

• The decision in Marbury v. Madison (1803) was
• significant because it established that the
• Supreme Court
• (1) had limited powers over state courts
• (2) had the power to choose its own members
• (3) could declare a federal law unconstitutional
• (4) could impeach the president and other
• government officials