Marbury v. Madison Court case that ended up establishing Judicial Review Vocabulary: Original Jurisdiction 3 Main areas: Cases dealing with Ambassadors,

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Marbury v. Madison Court case that ended up establishing Judicial Review Vocabulary: Original Jurisdiction 3 Main areas: Cases dealing with Ambassadors, Public Ministers, and States as a party (Article III sec. 2) Appellate Jurisdiction Judiciary Act of 1789 Writ of Mandamus Lame Duck

Not issue writ and appear weak JOHN ADAMS JEFFERSON Sup. Ct. Justice Marshall’s Options: Issue Writ to appoint fellow Federalist, Marbury (couldn’t enforce the ruling, risks appearing weak) Not issue writ and appear weak Apnt. Apnt. I want a Writ of Mandamus! Apnt. Apnt. MADISON Sec. of State JOHN MARSHALL Sec. of State Decides he doesn’t have the power to hear the case and declares sec. 13 of the Judiciary Act of 1789 unconstitutional Hey I didn’t get mine! MARBURY Judiciary Act of 1789 The Constitution vs. RED= Federalist BLUE= Democratic-Republican