The creation of judicial review

Slides:



Advertisements
Similar presentations
29 G… SHAWTY!!! Concept of Judicial Review BY: Joshua Alexander “JJ Tha Jetplane” Jackson.
Advertisements

The Most Significant and Controversial Supreme Court Case in History!
Chapter Thomas Jefferson takes office as 3rd POTUS Marbury vs
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 The Principle of Judicial Review.
 Marbury v. Madison—the courts established the power of judicial review by limiting their own power.  John Adams, T. Jefferson, James Madison, William.
Marbury v. Madison.
DO NOW: “We are under a Constitution. But the Constitution is only what the Supreme Court says it is. It is these judges that safeguard our liberty, protect.
A New Party in Power Review of Lesson 10.1 Questions.
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.
The History of the Supreme Court HUSH Unit Three.
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 vs. Madison Judicial Review is established.
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.
Complete the note taking activity on how a case moves through the Supreme Court.
The Emergence of the Supreme Court The Marshall Court
Marbury v. Madison 1803.
UNITED STATES HISTORY AND THE CONSTITUTION
Supreme Court USHC-1.7.
Marbury v. Madison.
Marbury v. Madison Court case that ended up establishing Judicial Review Vocabulary: Original Jurisdiction 3 Main areas: Cases dealing with Ambassadors,
The Marshall court
Marbury v. Madison, (1803)..
the Creation of Judicial Review
October 27, 2016 U.S. History Agenda: DO NOW: Term Matching
Supreme Court USHC-1.7.
Article III & Marbury v. Madison
Answer the following question in your bell ringer notebook:
Establishing Judicial Review
Marbury v. Madison.
McCulloch v Maryland (1819)
Marbury v. Madison.
Marbury v. Madison.
COS Standard 5 Chapter 6 Section 1
Marbury vs. Madison (1803) Essential Skill:
The Judiciary Institutional Powers and Constraints
Jeffersonian America Marbury vs. Madison (1803).
The Case for Judicial Review
October 25, 2018 U.S. History Agenda: DO NOW: Term Matching
Marbury v. Madison.
Establishing Judicial Review
Establishment of Judicial Review
Basic Principles of the Constitution
Establishing Judicial Review
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.
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:
Marbury v. Madison.
Thinking Question What do you know about the history of the United States between 1801 and 1850?
(Democratic-Republican)
The Courts USH-1.7.
Marshall Court AIM: Did the Supreme Court under John Marshall Give Too Much Power to the Federal Government at the Expense of the State Governments?
Marbury Vs. Madison.
Judicial Review is established.
Did you know that Jefferson and Marshall were cousins?
The Marshall court
The United States Court System
Judicial Review: Marbury v. Madison (1803)
The Courts USH-1.7.
Presentation transcript:

The creation of judicial review Marbury v. Madison (1803) The creation of judicial review

The Plaintiff William Marbury Federalist John Adams’ “midnight appointments” Appointed to bench, but commission never received Wants court to issue writ of mandamus

The Defendant(s) James Madison Thomas Jefferson Jefferson’s Secretary of State Democratic-Republican Does not deliver the commission Thomas Jefferson Third President of the United States Democratic-Republican

The Questions 1. Does Marbury have a right to the commission he demands? 2. If that right has been violated, do the laws of the U.S. afford him a remedy? 3. Is this remedy a writ of mandamus from the Supreme Court?

The Court The Supreme Court consisted of 6 justices, ALL Federalists John Marshall is Chief Wanted to strengthen the federal government and the Supreme Court

The Answers, a.k.a. The Ruling 1. Does Marbury have a right to the commission he demands? YES 2. If that right has been violated, do the laws of the U.S. afford him a remedy? YES 3. Is this remedy a writ of mandamus from the Supreme Court? NO!!

Marshall finds a way out Judicial Act of 1789 had given the Supreme Court the power to issue writs of mandamus Judicial Act of 1789 also enlarged the scope of the Supreme Court’s original jurisdiction (Article 3, Section 2 of US Constitution) Marshall declares Judicial Act of 1789 “unconstitutional”, must be revoked

Impact Supreme Court established “judicial review” over federal law HUGE EMPOWERMENT OF SUPREME COURT Court later established judicial review over state laws in Dartmouth College v. Woodward, 1819 Court did not declare another law unconstitutional for over 50 years, but power was established Court’s ability to check and balance flourished