the Creation of Judicial Review

Slides:



Advertisements
Similar presentations
The Most Significant and Controversial Supreme Court Case in History!
Advertisements

Chapter Thomas Jefferson takes office as 3rd POTUS Marbury vs
The Court Seizes Power Marbury vs. Madison (1803) and Judicial Review.
Judicial Interpretation of the Constitution The Constitution is not clear about the power of the Supreme Court.
Chapter 11 P “We are all Federalists, we are all Republicans.”
Marbury v. Madison.
Article III of the Constitution establishes the judicial branch of government with the creation of the Supreme Court. Article III also gives Congress the.
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.
Unit 4 Lesson 3: Marbury v. Madison
Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.
Marbury v. Madison. A.Jefferson (Republican) defeats Adams (Federalist) in the Election of Federalists have control over the Judicial branch.
Marbury v. Madison The POTUS has the power to appoint judges Usually, the President appoints individuals who are members of his political party.
EXPLAIN KEY CASES THAT HELPED SHAPE THE US SUPREME COURT, INCLUDING MARBURY VERSUS MADISON, MCCULLOUGH VERSUS MARYLAND, AND CHEROKEE NATION VERSUS GEORGIA.
MARBURY V. MADISON Judicial Review. John Adams 2 nd president! Federalist Not the most adored guy around… “You have a certain irritability which has sometimes.
IX. Article III – The Federal Court System A. Understanding Jurisdiction 1. Jurisdiction means the power or authority over a person, a place, or an issue.
Eliseo Lugo III.  Explain the importance of Marbury versus Madison.  Describe how the United States Supreme Court gained the power of Judicial Review.
 Federalists lose Congressional elections and the presidency, but still control judicial branch  Pass Judiciary Act of 1801 which reduced Supreme Court.
The Story of Judicial Review The Judiciary Act The US Constitution.
Marbury v. Madison 1803.
UNITED STATES HISTORY AND THE CONSTITUTION
Marbury v. Madison.
Marbury v. Madison Court case that ended up establishing Judicial Review Vocabulary: Original Jurisdiction 3 Main areas: Cases dealing with Ambassadors,
Marbury v. Madison, (1803)..
Supreme Court Justices (2013)
Unit 2: The Workings of American Government
Marbury vs. Madison (1803) and Judicial Review
The creation of judicial review
Article III & Marbury v. Madison
Marbury v. Madison.
The Courts USH-1.7.
But by no standard less important!
McCulloch v Maryland (1819)
Marbury v. Madison.
Marbury v. Madison.
Expanding the powers of the Judicial Branch
COS Standard 5 Chapter 6 Section 1
Marbury vs. Madison (1803) Essential Skill:
The Story of Judicial Review
The Judiciary Institutional Powers and Constraints
Jeffersonian America Marbury vs. Madison (1803).
The Case for Judicial Review
Article III Reminders Brief! Created a Supreme Court
Marbury v. Madison.
Establishing Judicial Review
Marbury v. Madison Standard 8.40.
Establishment of Judicial Review
Basic Principles of the Constitution
Marbury v. Madison 1803.
Judicial Review is established.
Judicial Review & the 1st Constitutional Crisis
What impact did John Marshall have on the U.S.?
Marbury vs. Madison 1803 John Adams signed an order making William Marbury Justice of the Peace (Midnight Appointments) John Marshall was the Secretary.
Judicial Review is established.
Marbury VS. Madison 1803.
The Story of Judicial Review
COS Standard 5 Chapter 6 Section 1
7X Objectives: Describe the significance of Marbury v. Madison; Describe the motivations and results of the Louisiana Purchase. Agenda: Do Now:
The Story of Judicial Review
Marbury v. Madison.
Thinking Question What do you know about the history of the United States between 1801 and 1850?
Article III – The Federal Court System
(Democratic-Republican)
The Story of Judicial Review
The Courts USH-1.7.
Judicial Review is established.
Marbury vs. Madison (1803) and Judicial Review
Did you know that Jefferson and Marshall were cousins?
Judicial Review: Marbury v. Madison (1803)
Thomas Jefferson.
The Courts USH-1.7.
Presentation transcript:

the Creation of Judicial Review Marbury v. Madison & the Creation of Judicial Review

The Players William Marbury Federalist John Marshall Federalist John Adam’s “Midnight” appointment as Justice of the Peace John Marshall Federalist John Adam’s Secretary of State & Chief Justice of the Supreme Court John Adams Federalist Second President of the United States James Madison Democratic-Republican Jefferson’s new Secretary of State Thomas Jefferson Democratic-Republican The New President “President Elect Jefferson”

1. Adams is voted out of office in the election of 1800 set-up to the case 2. During his “lame duck” period, Adams appoints William Marbury to be a justice of the peace 3. Marshall fails to deliver the appointment 4. Jefferson comes into office with Madison as Secretary of State 5. Jefferson orders Madison not to deliver the appointment 6. Marbury takes Madison directly to the Supreme Court to force him to deliver the appointment (writ of mandamus). Adams Marshall Marbury Madison Jefferson

Why did Marbury go directly to the Supreme Court? Judiciary Act of 1789 says: [The Supreme Court] shall have power to issue writs of prohibition to the district courts . . . and writs of mandamus . . . to … persons holding office, under the authority of the United States. Supreme Court In most cases, one must come to the Supreme Court through a process of appeals (appellate jurisdiction) Federal Appeals Court This gave the Supreme Court original jurisdiction over cases involving mandamus and persons of office. Local Court Adams Marshall Marbury Madison Jefferson

Why did Marbury go directly to the Supreme Court? Judiciary Act of 1789 says: [The Supreme Court] shall have power to issue writs of prohibition to the district courts . . . and writs of mandamus . . . to … persons holding office, under the authority of the United States. The Constitution says: In all the other Cases before mentioned, the supreme Court shall have appellate jurisdiction. Original Jurisdiction vs. Appellate Jurisdiction The question to be answered… Does Article III of the Constitution create a "floor" for original jurisdiction, which Congress can add to, or does it create an exhaustive list that Congress can't modify at all? Future acts of Congress: Cases M,N,O,P Judiciary Act 1789: Cases X,Y,Z Constitution: Cases A,B,C

Marshall’s Decision Constitution: Cases A,B,C Marbury deserves the appointment (Shame on you Jefferson and Democratic Republicans) 2. But I cannot force Madison to deliver the appointment (Makes the Democratic Republicans happy) 3. I don’t even have the right to hear this case, in fact, the Judiciary Act is in violation of the Constitution. The Question Marshall’s Reply Future acts of Congress: Cases M,N,O,P Does Article III of the Constitution create a "floor" for original jurisdiction, which Congress can add to, or does it create an exhaustive list that Congress can't modify at all? Article III is not a “floor”, but rather a comprehensive list. If its not on the list, it violates the Constitution. Judiciary Act 1789: Cases X,Y,Z Constitution: Cases A,B,C

Marshall’s Power Trade-off Gives up But Gains Future acts of Congress: Cases M,N,O,P The power to overturn/void laws passed by Congress and signed by the President Judiciary Act 1789: Cases X,Y,Z Constitution: Cases A,B,C Which is greater?

Jefferson’s Dilemma Jefferson 1. Allowing the Supreme Court to take this much power is frightening. 2. But if I protest the ruling, I have to allow the appointment of Marbury, a Federalist Judge, and risk looking like a fool in front of the entire country. Jefferson 3. Therefore, I do nothing. I must allow Judicial Review.

Judicial Review ? “So, if a law be in opposition to the Judiciary Act of 1789: Cases X,Y,Z “So, if a law be in opposition to the Constitution, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.” “[T]he courts are to regard the Constitution, [because] the Constitution is superior to any ordinary act of the legislature.” Constitution Future act of Congress ? Future act of Congress Future act of Congress