1. The Courts
USH-1.7

2. I. Setting up the courts
The Constitution says we will have a court system
First Congress passed the Judiciary Act of 1789
Rules on how to set up our court system
President John Adams appointed John Marshall to the Supreme Court
Both were Federalists
He served for 30 years b/c judges serve for life with “good behavior”

3. II. Judicial Review
The courts right to determine whether or not an act of Congress is constitutional
The main check and balance of the Court
The Marshall Court was the first to use it

4. III. Marbury v Madison (1803)
Federalist William Marbury was appointed and confirmed as a judge
A “midnight” judge b/c it was at the last minute of Adams’ presidency
His commission had not been delivered before the Dem-Reps took office
New Secretary of State Madison refused to deliver
Marbury appealed to the Supreme Court for a writ to require Madison to deliver
A writ is an order from the courts

5. III. Marbury v Madison (1803)
Marshall worried because:
If he issued writ, Madison would ignore and Court would look powerless,
The Constitution doesn’t state whether the Court has the power to issue the writ, and
The case should only be heard on appeal

6. III. Marbury v Madison (1803)
Marshall ruled that Marbury deserved the commission but the Court would not force Congress to deliver it
Did not allow the Dem-Reps to undermine the Court full of Federalists by ignoring them
Created judicial review by saying the law giving him this authority was unconstitutional

7. IV. Resolutions
Jefferson and Madison wrote the Virginia and Kentucky Resolutions
They were written to fight the Alien and Sedition Acts
Both said the states had the right to determine constitutionality, not the Court
States could nullify a “harmful” law
Would be seen again in 1860