1. Chapter 11. 1 Thomas Jefferson takes office as 3rd POTUS Marbury vs
Chapter 11.1 Thomas Jefferson takes office as 3rd POTUS Marbury vs. Madison
Now that TJ is president, he gets to run the country the way he sees fit.
However, John Adams will try to get the last laugh on his old friend…

2. Before leaving Washington, Adams appoints new judges…
According to the Constitution
President gets to appoint judges
So, John Adams signs appointments on his last night in office.
What political party do you think the judges Adams appointed belonged to?
Why did he do this?

3. Adams’s Midnight Judges
midnight judges- what these new judges were referred to as.
William Marbury was one of these “midnight judges.”

4. Thomas Jefferson demands to stop these judges from taking their positions!
James Madison
Jefferson’s new Secretary of State
Supposed to officially present Marbury with his new position…
But he didn’t!
So… Marbury sued and appealed to the Supreme Court to get Madison to award him the position…

5. The Verdict? Supreme Court refuses to grant Marbury his position!!
Chief Justice John Marshall says no!
Why?
Judiciary Act of 1789 (passed by Congress)
gave powers to the Judicial branch to force executive office’s appointments to be approved
Is that in the Constitution?
Or…
Did Congress give this power to the Supreme Court?

6. Lasting Impact…
This is the first time the Supreme Court overturns an act of Congress.
Checks & balances in action!
Judicial Review- Supreme Court’s ability to declare a law or act unconstitutional

7. Review Questions Who is Thomas Jefferson’s Secretary of State?
What is the Marbury vs. Madison case about?