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Marbury V. Madison

Marbury V. Madison . We the Students. The Main Events.

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Marbury V. Madison

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  1. Marbury V. Madison We the Students

  2. The Main Events • Judicial Review was created after the 1803 Supreme Court case, Marbury V. Madison. Judicial Review is the court's authority to examine an executive or legislative act and to invalidate that act if it is contrary to constitutional principles. • Before Thomas Jefferson (Democrat) became president, the previous president, John Adams,quickly appointed 58 Federalists for government jobs. • Adam’s Secretary of State, John Marshall, was suppose to finish the paperwork, but he failed to deliver to 17 appointees.

  3. Marshall assumed the new Secretary of State, James Madison, would finish his delivery, but Jefferson told him NOT to deliver. • Jefferson claimed those individuals could not take office united they had paper in their hand. • William Marbury did not get his papers and sued Madison, asking the Supreme Court to have his papers delivered. • The court had to decide if Marbury was entitled to his job, and if so, could the court force Madison to appoint Marbury to his position?

  4. Do you think Marbury was entitled to his job? Marbury Madison

  5. The Supreme Court Decided: • Marbury was entitled to his commission. • Supreme Court for the 1st time declared something unconstitutional. • Judicial Review- The Supreme Court, under Article III of the Constitution, says it is their power to decide if legislative and executive actions are constitution.

  6. Judicial Review • Judicial Review is a power of the US Supreme Court not written into the Constitution, only implied. • Judicial Review gives the Supreme Court Power to decide whether acts of the legislative and executive branch are Constitutional or not. • What does this do to the system of Checks and Balances?

  7. Judicial Review Process • Lengthy process to get to the Supreme Court • More than 8,000 cases are appealed to the Supreme Court each year. • 4/9 judges have to say the case should be heard.

  8. Usually accept cases that deal with important Constitutional and national questions. • There are 9 Supreme Court Justices appointed by the president for life. • Less than 100 cases are heard each year. Landmark Cases of Judicial Review • Dred Scott v. Sanford • Brown v. BOE • Roe v. Wade • Gideon v. Wainright • Bush v. Gore

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