Marbury vs. Madison 1803 John Adams signed an order making William Marbury Justice of the Peace (Midnight Appointments) John Marshall was the Secretary.

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Presentation transcript:

Marbury vs. Madison 1803 John Adams signed an order making William Marbury Justice of the Peace (Midnight Appointments) John Marshall was the Secretary of state Thomas Jefferson took over the next day and told Secretary of State James Madison not to give the order out. John Marshall becomes Chief Justice of the Supreme Court

Marbury vs. Madison: Background Congress had passed the Judiciary Act of 1789: It gave the Supreme Court original jurisdiction to hear cases involving officials. Writ of Mandamus: An order making an official do something.

Marbury V Madison: The Case Marbury argued that the Judiciary Act of 1789 gave the Supreme Court of the United States original jurisdiction to issue a writ of mandamus. Therefore, Marbury asked the Supreme Court to issue a writ of mandamus ordering Madison to give marbury his appointment.

Marbury V Madison: The Case The supreme court ruled the Judiciary Act of 1789 was unconstitutional because the Constitution did not give them original jurisdiction. Only an Amendment can give Supreme Court original jurisdiction

Marbury vs. Madison 1803 Who won: nobody Since the judiciary act was unconstitutional the justices never ruled on Marbury vs Madison. Significance: M vs. M established judicial review. This is where the Supreme Court rules about the Constitutionality of a law or order.

The Leandro Case Biggest NC Supreme Court Case A group of small poor counties sued the state of NC because the amount of money per child was not = throughout the state. The group held that if North Carolina is a public system then each child should have an = education.