1 / 19

Marbury v. Madison (1803) Landmark case

Marbury v. Madison (1803) Landmark case. Marbury v. Madison (1803) Landmark case Basis for Judicial Review under Article III of the United States Constitution. Election of 1800 Jefferson defeats John Adams Election was decided Feb 17, 1801. Election of 1800 Jefferson defeats John Adams

sidone
Download Presentation

Marbury v. Madison (1803) Landmark case

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Marbury v. Madison (1803) • Landmark case

  2. Marbury v. Madison (1803) • Landmark case • Basis for Judicial Review under Article III of the United States Constitution

  3. Election of 1800 Jefferson defeats John Adams Election was decided Feb 17, 1801

  4. Election of 1800 Jefferson defeats John Adams Election was decided Feb 17, 1801 Jefferson did not take office until March 4, 1801 Adams/Federalist controlled Congress were in power

  5. Federalist Adams and Congress • Judiciary Act of 1789

  6. Federalist Adams and Congress • Judiciary Act of 1789 • Est. 10 new District Courts • Expanded circuit courts from 3 to 6

  7. Federalist Adams and Congress • Judiciary Act of 1789 • Est. 10 new District Courts • Expanded circuit courts from 3 to 6 • Added judges to each circuit • Gave Adams authority to appoint authority to appoint Federal judges & justices of the peace

  8. March 2, 1800 • Two days before his term ends

  9. March 2, 1800 • Two days before his term ends • Adams appoints 16 Federalist circuit judges, 42 Federalist justices of the peace.

  10. March 2, 1800 • Two days before his term ends • Adams appoints 16 Federalist circuit judges, 42 Federalist justices of the peace. • The “Midnight Judges” • All in the Washington/ Alexandria area

  11. Senate approves of the appointments! (Big surprise) • But to go into effect, appointments had to be delivered

  12. Senate approves of the appointments! (Big surprise) • But to go into effect, appointments had to be delivered • John Marshall; Acting Sec of State for Adams • Recently appointed Chief Justice of the United States

  13. Most commissions delivered • Impossible to deliver all before Adams’ term expired

  14. Most commissions delivered • Impossible to deliver all before Adams’ term expired • All appointments were routing in nature

  15. Most commissions delivered • Impossible to deliver all before Adams’ term expired • All appointments were routing in nature • Marshall Ass-u-me’d they would be delivered by the new Sec of State James Madison • But…

  16. T.J. orders his Attorney General and acting Sec of State Levi Lincoln… • Don’t deliver the remaining appointments

  17. T.J. orders his Attorney General and acting Sec of State Levi Lincoln… • Don’t deliver the remaining appointments • Without them, remaining appointees could not assume their office • Making them void in TJ’s opinion

  18. Newly sworn in Republican congress immediately set about voiding the Judiciary Act of 1801 with their own…

  19. Newly sworn in Republican congress immediately set about voiding the Judiciary Act of 1801 with their own… Judiciary Act of 1802 • The Judicial Branch would operate under the dictates of the original Jud. Act of 1789

More Related