1. Does the principle of Judicial Review upset the system of Checks and Balances?

2. (Democratic-Republican)
Election of 1800
vs.
John Adams
(Federalist)
Thomas Jefferson
(Democratic-Republican)

3. Under President Adams John Marshall Served as Secretary of State
Role in shaping Article III in U S Constitution

4. (Democratic-Republican)
Outcome of 1800 Election
Thomas Jefferson
(Democratic-Republican)
Wins the Election!!!
Federalists had not only lost the Presidency but they also lost control in Congress.

5. Waiting Period Ensues…
November 1800
Election Day
March 1801
New President Takes Office
Fear that Federalist Party will no longer exist
Federalist Congress passes the Judiciary
Act of 1801 and the Organic Act of 1801
The Act gave Adams the power to appoint several new federal judges and justices of the peace before he left office.

6. Before leaving office, President Adams appoints John Marshall as Chief Justice of the US Supreme Court
John Marshall
Actually served as both Secretary of State and Chief Justice of the US Supreme Court in 1801 for President Adams before Adams left office.

7. A Race Against Time Midnight Judges Last minute Adams appointments
Secretary of State to deliver commissions
Not all delivered in time

8. So many commissions, they could not all be delivered
Enter William Marbury
One of the judges appointed by President Adams that did not receive his commission
Senate Approved
Commission Drawn Up
Secretary of State Seal
Commission Delivered by John Marshall (S of S)
Commission Checklist
William Marbury
So many commissions, they could not all be delivered

9. Now President Jefferson takes office
Secretary of State James Madison asked to reverse course of Adam’s appointments

10. Marbury Sues… Goes to the U. S. Supreme Court
John Marshall
William Cushing
William Patterson
Samuel Chase
Bushrod Washington
Alfred Moore

11. I want my job!!! Marbury’s Demand: Basis of argument: Writ of Mandamus
1789 Judiciary Act

12. Questions before the Court
Does Marbury have a right to the Commission?
Question 2:
Did the Supreme Court have the right to oversee the case?

13. Judicial Review
The power of the courts to review the actions of other branches or levels of government; especially the power of the courts to declare laws and actions of the executive and legislative branches of government invalid if they are found to contradict the US Constitution.

14. The Supremacy Clause (Article VI, Section 2)
United States Constitution
If there is a conflict between a lower law and a higher one, the higher one “wins.”
Acts of Congress
The U.S. Constitution is the “Supreme Law of the Land.”
State Constitutions
Highlight the US Constitution as the highest law in the land and the concept of federalism.
State Statutes (laws)
City and County Laws