The Case for Judicial Review

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The Most Significant and Controversial Supreme Court Case in History!

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Presentation transcript:

The Case for Judicial Review Marbury v. Madison The Case for Judicial Review

The Facts of the Case William Marbury was one of President Adams’ “midnight appointments” (last minute appointments) in part because he was a federalist

Facts of the Case James Madison, the new Secretary of State refused to deliver Marbury’s papers to him.

Still more facts The Judiciary Act of 1789 gave the Supreme Court the power to issue writs of mandamus. These writs would order someone to do something

Facts about the case Marbury petitioned the Supreme Court to issue a writ of mandamus directing Madison to deliver the papers

Issues of the case Can the Supreme Court legally compel Madison to deliver the papers? OR: Is issuing a writ of mandamus constitutional?

Issues of the case If the Judiciary Act of 1789 is unConstitutional, then what?

Does Marbury get his commission? Issues of the case Does Marbury get his commission?

The decision Madison was wrong to not deliver the papers, but the court doesn’t have the power to issue a writ of mandamus

Decision of the Case …because the section of the judiciary act that granted that power to the court is unConstitutional… The Court doesn’t have the authority!

Impact of the decision The Constitution is the Supreme law of the land and the Supreme Court is the final interpreter of the Constitution

Impact of the Case … which implies that the Court has the power of JUDICIAL REVIEW: the power to declare laws unConstitutional and therefore null and void

Impact of the case This case set the precedent for all future cases that the Supreme Court would rule on issues of Constitutionality