The Courts USH-1.7

I. Setting up the courts The Constitution says we will have a court system, but no rules on how to set it up First Congress passed the Judiciary Act of 1789 President John Adams appointed John Marshall Both were Federalists He served for 30 years b/c judges serve for life with “good behavior”

II. Judicial Review The courts right to determine whether or not an act of Congress is constitutional or not The main check and balance of the Court The Marshall Court was the first to use it

III. Marbury v Madison (1803) Federalist William Marbury was appointed and confirmed as a judge A “midnight” judge b/c it was at the last minute of Adams’ presidency His commission had not been delivered before the Dem-Reps took office Madison refused to deliver Marbury appealed to the Supreme Court for a writ to require Madison to deliver A writ is an order from the courts

III. Marbury v Madison (1803) Marshall knew that if he issued the writ, Madison would ignore it The Court would look powerless The Constitution doesn’t state the Court can or cannot issue the writ The case could only be heard on appeal

III. Marbury v Madison (1803) Marshall ruled that Marbury deserved the commission but the Court would not force Congress to deliver it Did not allow the Dem-Reps to undermine the Court full of Federalists by ignoring them

IV. Resolutions Jefferson and Madison wrote the Virginia and Kentucky Resolutions Both said the states had the right to determine constitutionality, not the Court States could nullify a “harmful” law Marshall made sure the Court was important