Explain the significance of the landmark decision Marbury vs. Madison

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Presentation transcript:

Explain the significance of the landmark decision Marbury vs. Madison Objective 5.7 Explain the significance of the landmark decision Marbury vs. Madison

Supreme Court has…judicial review the power of the courts to overturn any law or Presidential act which is unconstitutional

But where does judicial review come from?? The SC decision in the case Marbury vs. Madison 1803

Case Study: Marbury v. Madison Year? Civil or criminal? Plaintiff/ Prosecutor? Defendant Background Final Decision (How did the Justices vote & who won?) 6-0 for Madison Significance How did the decision affect American government? Establishes Judicial review How did the Constitution apply? Amendment/Article

Marbury vs. Madison Background: Adams appoints Marbury as judge Jefferson/Madison reject appointment Marbury uses a law passed by Congress, sues Madison directly in the SC (Judiciary Act of 1789)

Marbury vs. Madison Decision: Reason: 6-0 decision in favor of Madison Law passed by Congress (Judiciary Act of 1789) violated Judicial authority given in Article III of the Constitution So… Marbury had no right to sue Madison in the Supreme Court

JUDICIAL REVIEW WAS BORN!!! Marbury vs. Madison Significance: SC decided the law could not exist if it went against the Constitution Decided that the SC has the power to reject any unconstitutional law/gov’t act JUDICIAL REVIEW WAS BORN!!!