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Marbury v. Madison and Judicial Review

Marbury v. Madison and Judicial Review. Think & Share. THINK ABOUT THIS...

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Marbury v. Madison and Judicial Review

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  1. Marbury v. Madisonand Judicial Review

  2. Think & Share THINK ABOUT THIS... You have been elected the new Mayor of Virginia Beach. Before leaving office the old mayor gave jobs to several of his political friends, but the paperwork hasn’t made it through the city’s Human Resources office yet.

  3. Think &Share A. Should you honor the jobs promised by the outgoing mayor or cancel the jobs since they aren’t officially in the “system” yet? B. What are the possible negatives to denying those people the jobs they were promised? What are the possible positives to allowing them to take these jobs? C. Would it make a difference if these “employees” had worked against you in your campaign?

  4. Think, Write, (Pass, Pass, Pass), Share • Fold your response in half. • Pass it to the person to your right. • Pass that one to a different person. • Pass that one to the different person than the last. • When called on, read that person’s responses to the questions.

  5. Vocabulary Terms • Writ of mandamus • Bill of Rights • Arbiter • Separation of powers • Amicus curiae brief • Checks and balances • Judicial review • Rule of law

  6. Vocabulary Terms • Writ of mandamus • Court order direction an individual or agency to do or not do something, particularly, a judicial order directing a government official to carry out official duties of office or not do something in his or her official capacity.

  7. Vocabulary Terms • Bill of Rights • First ten amendments to the Constitution (including the right to free speech, protection from unreasonable search and seizure, etc.) that establish the fundamental rights enjoyed by Americans.

  8. Vocabulary Terms • Arbiter • Final decision-maker.

  9. Vocabulary Terms • Separation of powers • A basic principle in American government that the executive, legislative, and judicial pow4ers are divided among three independent and co-equal branches of government.

  10. Vocabulary Terms • Amicus curiae brief • A “friend of the court” brief filed by a third party not directly involved in the case. It is meant to inform and influence the Supreme Court about a patricular perspective on the issues in the case.

  11. Vocabulary Terms • Checks and balances • System of overlapping the powers of the legislative, executive, and judicial branches to permit each branch the check the actions of the others.

  12. Vocabulary Terms • Judicial review • The power of the judiciary to review legislation or other governmental action in order to determine whether it compiles with the U.S. or state Constitutions.

  13. Vocabulary Terms • Rule of law • Concept that citizens are governed by the law and institutions, not individuals. The law supersedes all else and is intended to be constant, predictable, and just.

  14. Vocabulary Match-up • You will be given a term or definition • When told by the teacher, find your “match” • Take your match to the grader to confirm if you are correct or not • Once all terms and definitions have been matched-up, go around to each and write terms and definitions on your paper. Note: there may be a few duplicates, so “group up”

  15. Adams & the “Midnight Judges” • John Adams (Federalist) lost reelection to Thomas Jefferson (Anti-Federalist) • In the hours before leaving office, Adams appointed and Senate confirmed 16 federal circuit court judges—the “Midnight Judges”

  16. William Marbury • One of the judges appointed– as Justice of the Peace in Washington D.C. • His appointment is signed… • BUT… the Secretary of State James Madison fails to deliver it.

  17. The Jefferson Administration • Thomas Jefferson takes office • Marbury never becomes a Justice of the Peace, because Jefferson tells his Secretary of State, James Madison, to not deliver the appointment.

  18. Marbury v. Madison • Marbury Appeals to the Supreme Court. • Basis of his argument: • Judiciary Act of 1789 states Supreme Court has the power to order the Secretary of State to deliver the appointment.

  19. Chief Justice John Marshall and the Supreme Court • Marshall (also a Federalist) argued that 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 (separation of powers)

  20. Marbury does not get the appointment, however . . . • The case establishes that the Supreme Court has the final say in all laws passed by Congress. • The power of judicial review becomes part of the system of checks and balances

  21. 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

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