Marbury v. Madison.

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Presentation transcript:

Marbury v. Madison

Article III Article III of the U.S. constitution created the Judicial Branch of the government. In the constitution the Supreme Court was the only court required. Later acts of congress would create lower courts with federal powers

Judges Serve during times of good behavior. 14 times in history a Federal Judge has been impeached from office. Samuel Chase was the lone Supreme Judge 3 times the judge has resigned rather than go through the impeachment process. Supreme Court currently has 1 Chief Justice and 8 associate judges.

Judiciary Act of 1789 The Act created the lower courts in the Judiciary Branch Circuit Courts District Courts Court maps

Writ of Mandamus “We Command” A direct order from a higher court to a lower court to fulfill an order or duty

Midnight Justices Thomas Jefferson defeats John Adams for the Presidency JEFFERSON: Republican ADAMS: Federalist During Adams last months in office he expanded the court system

Judicial Act of 1801 Added Ten new district courts Doubled the number of Circuit Courts to six These new courts required Judges Adams will load them with Federalist Party members 58 Total

William Marbury Named Justice of the Peace in the Washington D.C. district (Federalist) Thomas Jefferson told his secretary of state James Madison to not deliver Marbury’s commission Marbury sued

Supreme Court Is the highest appellate court Also has “original jurisdiction.” They can hear any case they feel necessary to set a precedent for future cases of similar interest. Marbury v. Madison would be heard by the Supreme Court

The Decision Chief Justice John Marshall agreed that Marbury had a legal right to his position. However, by a unanimous vote the Supreme Court found that issuing a Writ of Mandamus was unconstitutional The Writ was not included in Article III of the constitution as part of the Supreme Court’s “original jurisdiction.”

Marbury was never given his position due to the fact that the Supreme Court could not legally order Madison to hand out the commission. This was the first time the Supreme Court ever issued a law as unconstitutional. Judicial Review: The Judicial Branch’s protection of citizen’s rights as written in the constitution. Supreme Court declared their own beneficial law unconstitutional

The case is so significant because the Supreme Court checked itself in its first opportunity to do so. The system of checks and balances reach a crucial point where it could have been crushed at its challenge. Samuel Chase, who was an associate justice on the court during the case would be the only Supreme Court judge in the history of the U.S. to be impeached.