The Marshall court 1801-1835

Judiciary Act of 1789 Constitution created Supreme Court, but had very little detail Act creates a 6 member SC and lower Federal Court John Jay is first Chief Justice Court is largely inactive

John Marshall Virginia Politician State Politician, House of Reps, Sec. of State Federalist 4th Chief Justice of the Supreme Court Strengthened the power of the Judicial Branch and Federal Government

Marbury v. Madison (1803) Does William Marbury, one of John Adams’ last minute “midnight judges,” receive his commission to be judge or not? Jefferson had James Madison refuse to give the commission to Marbury Issue went before the Supreme Court Ruling became a precedent—an example for future court cases

Marbury v. Madison (1803) With Marbury vs. Madison, the Supreme Court established the concept of “Judicial Review” of laws Judicial Review means that the Court may decide if a law is constitutional or not. If a law is judged to be unconstitutional, or goes against the U.S. Constitution, then the law ceases to be a law.

Federal Power The decision strengthens the federal government because it increases the power of the Judicial Branch Judicial Review is not in the Constitution = Unwritten Constitution