Eliseo Lugo III.  Explain the importance of Marbury versus Madison.  Describe how the United States Supreme Court gained the power of Judicial Review.

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Presentation transcript:

Eliseo Lugo III

 Explain the importance of Marbury versus Madison.  Describe how the United States Supreme Court gained the power of Judicial Review under the Marbury versus Madison case.  Describe the importance of Judicial Review as it pertains to the system of checks and balances.

 On his way out of office, former President John Adams signs Judicial appointments on his last night.  What political party do you think the judges Adams appointed belonged to?  The Federalists  The Federalists!  Why would Adams do this? To try to keep his party in control of the government.  “Midnight judges”- what these new judges were referred to as.  William Marbury was one of these “midnight judges.”

 James Madison, Thomas Jefferson’s new Secretary of State, was supposed to officially present Marbury with his new position…but he didn’t!  Jefferson ordered Madison to stop all judicial appointments.  Marbury then sued and appealed to the Supreme Court to get Madison to award him the position, arguing that the Judiciary Act of 1789 gave the Supreme Court the power to review cases brought against federal officials.

 Supreme Court refuses to grant Marbury his position!!  Why? A section of the Judiciary Act of 1789 (which set up the federal court system in the first place) was unconstitutional and voided.  The Chief justice of the Supreme Court John Marshall, stated that the Courts power came from the Constitution and not Congress.  As a result, Congress didn’t control the Judicial Branch, the Constitution did.

 This is the first time the Supreme Court overturns an act of Congress.  Checks & balances is in action!  Judicial Review-  Judicial Review- Supreme Court’s ability to declare a law or act unconstitutional. In other words, it was the authority that the Supreme Court held to strike down unconstitutional laws.  Marbury vs. Madison established the Supreme Courts power of Judicial Review  Marbury Versus Madison Marbury Versus Madison

 1. Read pages in your American History Textbook.  2. Complete Checkpoint Question on page 313.  3. Complete Check Your Progress Questions 2a and 2b on page 313 of your American History textbook.  Extra Credit: Research a related Supreme Court decision and compose a writing sample that describes what precedent was established by the Supreme Court Case you research