1. The United States Court System
Understanding Judicial Review
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2. Brainteaser
Congress passes a law that says all citizens who were not born in this country must return to their country of birth within one month.
The president signs the law and says he will have the armed forces help to enforce the law…
Can you, a citizen of the US, do anything about this? If so, what?
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3. Virginia Supreme Court
Court of Appeals appeals here
Circuit Courts appeal here
District Courts appeal here
Juvy and Domestic District Court
Magistrates
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4. The judicial function is exercised in a dual court system…
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5. …which consists of state and federal courts
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6. The United States Court Structure has a separate court system…
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7. …whose organization and jurisdiction come from the federal Constitution and federal laws
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8. The United States Court System is set up like a pyramid
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9. SUPREME
COURT
Court of Appeals
District Courts
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10. The Constitution of the U.S. is the supreme law of the land
US Constitution
Virginia Constitution
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11. State laws must conform to the Virginia and U.S. Constitutions
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12. Judicial Review!
The historic Supreme Court Case of Marbury v. Madison established the principle of judicial review at the national level
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13. Marbury v. Madison
Hello 7th Graders… I’m Mr. Rogers! I’m going to use the next few slides t o give you a background to the idea of Judicial Review…
Are you ready? Ok… I do not really
Care…
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14. Marbury v. Madison
John Adams was the 2nd President of the United States… He had the power, like you’ve already learned, to make appointments. Sadly for John Adams, he lost the 1802 Presidential Election to…
Thomas Jefferson!
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15. Marbury v. Madison
John Adams decided that he would get Jefferson and the and the Anti-Federalist back by quickly filling up appointments with his friends… Unfortunately, Adams’ Secretary of State did not deliver all of the appointments on time!
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16. Marbury v. Madison
Adams’ Secretary of State assumed that Thomas Jefferson would deliver the appointments… but he was wrong!
Jefferson told his new Secretary of State, James Madison, not to deliver the papers because it would stop Adams’ friends from taking office.
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17. Marbury v. Madison
Wow! This is kind of turning into a who’s friends are more important game…
So we know who Madison is, but who is this Marbury guy?
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18. Marbury v. Madison
William Marbury was one of those guys Adams forgot to deliver an appointment to
Marbury was denied his appointment, and chose to sue James Madison for not giving him his job appointment
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19. Marbury v. Madison
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20. Marbury v. Madison
So, Marbury wanted the Supreme Court to force Madison to appoint him to his position, but Jefferson told Madison that he did not have to.
Wonder what the Supreme Court will decide?
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21. Marbury v. Madison
The Supreme Court ruled that it did not have the power to force Madison to appoint Marbury
The Supreme Court struck down the Judiciary Act of 1789
The Supreme Court also ruled that when a law written by the legislative branch conflicts with the Constitution, that law is “null and void”
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22. Marbury v. Madison
Judicial Review- The power given to the Supreme Court which allows them to strike down laws by the legislative branch, and acts by the executive branch as unconstitutional
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23. Judicial Review!
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