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MARBURY V. MADISON.  Federalists controlled the Judicial Branch  Adam’s created and filled 16 new judge positions at midnight on his last day in office.

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Presentation on theme: "MARBURY V. MADISON.  Federalists controlled the Judicial Branch  Adam’s created and filled 16 new judge positions at midnight on his last day in office."— Presentation transcript:

1 MARBURY V. MADISON

2  Federalists controlled the Judicial Branch  Adam’s created and filled 16 new judge positions at midnight on his last day in office  Not all of the needed documents were delivered before Jefferson took office Paperwork was filled out, approved by Senate, signed by Adams (the President), and ready to be delivered... William Marbury did not receive his documents prior to Jefferson taking office

3  Jefferson refused to deliver them to him once he took office  Marbury goes straight to the Supreme Court, asking the court to force Jefferson to deliver the paperwork

4 YOU BE THE JUDGE  Does Marbury have the right to the paperwork and position?  Can the Supreme Court hear Marbury's case?

5 MAIN ARGUMENTS  Marbury’s claim The Judiciary Act of 1789 gave the Supreme Court the power to hear his case and force Jefferson to deliver his paperwork naming him to the position  Jefferson’s claim The paperwork was not delivered during Adams administration; therefore he did not have to honor the appointment.

6 FINAL DECISION  Chief Justice John Marshall (Adams' former Sec. of State) decides: Marbury does have the right to the paperwork and position however… Supreme court cannot force Jefferson to deliver it Marbury based his case on the Judiciary Act of 1789 which was deemed unconstitutional (remember, the Judiciary Act of 1789 created the Federal court system)

7 WHY IS THIS CASE SO IMPORTANT?  Supreme Court can rule an act passed by Congress unconstitutional shows the Supreme Court has final say on the Constitution  Establishes the use of Judicial Review Supreme Courts check on the other branches


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