7X 3-30-2015 Objectives: Describe the significance of Marbury v. Madison; Describe the motivations and results of the Louisiana Purchase. Agenda: Do Now: Copy and define key terms and people for Chapter 8 Section 2 in a new section of your notes. Make sure you still have room for Marbury v. Madison. Finish taking notes and discussing Marbury v. Madison. Read and take notes on Section 8.2. Use the “Taking Notes” guide for the section. Homework: page 270 # 3B

3. Marbury v. Madison increased the power of the judicial branch of the government. Election of 1800-peaceful transition of power between political parties. Federalists have to hand power over to Democratic-Republicans in 1801. Dem-Republicans have control of the presidency and Congress. Federalists, before leaving, pass the Judiciary Act of 1801 - created 15 new judges. John Adams can assign 16 new judges. Will pick federalist Judges. He has to pick judges before he leaves office. Adams ends up assigning the 16 judges the night before he leaves. some of the offer letters are not delivered. It’s the job of the Secretary of State to deliver these letters. New Sec of State: Democratic-Republican James Madison, hired by T. Jefferson. So on the first day of work, he finds the offer letters on his desk. Jefferson tells Madison not to deliver.

3. Marbury v. Madison increased the power of the judicial branch of the government. One of the judges that was supposed to get these letters was William Marbury. Under the Judiciary Act of 1789, Marbury sues Madison to try and force him to give him the letter. The lawsuit goes to the Supreme Court. Supreme Court Chief Justice: John Marshall (Federalists), cousin of TJ, Lawsuit ends with 2 results: The executive branch can’t be forced to deliver the letter, but Marbury does have the rights to that letter. The Judiciary Act of 1789 is unconstitutional. This law is illegal under the Constitution. Congress, under the Consitution, does not have power to say what can be brought to the Supreme Court. By doing this, he establishes the power of judicial review. 2 Questions: How does #2 establish judicial review. Just by declaring a law unconstitutional. Ultimately, is Marbury v. Madison a Federalist or a Democratic-Republican victory?

Marbury v. Madison Federalist Victory: Judicial review gave the Supreme Court (Federalist) the power to declare acts of Congress (Democratic-Republicans) illegal. Federalists, who want more power to the federal government, were able to give more power to the judicial branch. EXIT TICKET: What is your personal opinion of the results of Marbury v. Madison? Was it a good thing or a bad thing? EXPLAIN YOUR ANSWER. What do you think of John Marshall’s way of handling the situation?