EXPLAIN KEY CASES THAT HELPED SHAPE THE US SUPREME COURT, INCLUDING MARBURY VERSUS MADISON, MCCULLOUGH VERSUS MARYLAND, AND CHEROKEE NATION VERSUS GEORGIA. COS Standard 5 Chapter 6 Section 1

Marbury versus Madison: background Thomas Jefferson wins the election of He takes office March 4, 1801, meaning John Adams is still president until then. The Judiciary Act of 1801 creates new judge positions and justices of the peace. Before leaving office on March 3, Adams fills these positions with Federalists. John Marshall (Secretary of State under Adams) was supposed to deliver letters to the appointees. He delivered many letters. But the letters to the appointed have to be delivered before the end of Adams term.

Marbury versus Madison: background When they were not completely delivered, Jefferson and Madison (Secretary of State under Jefferson) see the letters as void. Some people never received letters therefore, they were not appointed to office. When Jefferson takes office on March 4, he and the Republicans repeal the Judiciary Act of Midnight judges removed from office. One midnight appointee gets mad because he never received his letter and sues James Madison.

Marbury versus Madison William Marbury sues James Madison so he will deliver the letter of appointment. Madison refuses. The case goes to the Supreme Court. John Marshall (now the Chief Justice of the SC) and other justices decided in favor of William Marbury. However, John Marshall wrote the Judiciary Act of 1789, which spelled out the practice of delivering commissions for judges, was unconstitutional because it gave the Supreme Court authority that was denied it by Article III of the Constitution. Thus, the Judiciary Act of 1789 was illegal.

Marbury versus Madison Significance of the Case: Sets up Judicial Review What is judicial review? Determining if a law is constitutional or not. If the law is unconstitutional, get rid of the law. Basically, it determines who will be the final authority when there is a need to interpret the Constitution.

Key Players William Marbury John Marshall John Adams

Key Players continued James Madison Thomas Jefferson