Does the principle of Judicial Review upset the system of Checks and Balances?

(Democratic-Republican) Election of 1800 vs. John Adams (Federalist) Thomas Jefferson (Democratic-Republican)

Under President Adams John Marshall Served as Secretary of State Role in shaping Article III in U S Constitution

(Democratic-Republican) Outcome of 1800 Election Thomas Jefferson (Democratic-Republican) Wins the Election!!! Federalists had not only lost the Presidency but they also lost control in Congress.

Waiting Period Ensues… November 1800 Election Day March 1801 New President Takes Office Fear that Federalist Party will no longer exist Federalist Congress passes the Judiciary Act of 1801 and the Organic Act of 1801 The Act gave Adams the power to appoint several new federal judges and justices of the peace before he left office.

Before leaving office, President Adams appoints John Marshall as Chief Justice of the US Supreme Court John Marshall Actually served as both Secretary of State and Chief Justice of the US Supreme Court in 1801 for President Adams before Adams left office.

A Race Against Time Midnight Judges Last minute Adams appointments Secretary of State to deliver commissions Not all delivered in time

So many commissions, they could not all be delivered Enter William Marbury One of the judges appointed by President Adams that did not receive his commission Senate Approved Commission Drawn Up Secretary of State Seal Commission Delivered by John Marshall (S of S) Commission Checklist William Marbury So many commissions, they could not all be delivered

Now President Jefferson takes office Secretary of State James Madison asked to reverse course of Adam’s appointments

Marbury Sues… Goes to the U. S. Supreme Court John Marshall William Cushing William Patterson Samuel Chase Bushrod Washington Alfred Moore

I want my job!!! Marbury’s Demand: Basis of argument: Writ of Mandamus 1789 Judiciary Act

Questions before the Court Does Marbury have a right to the Commission? Question 2: Did the Supreme Court have the right to oversee the case?

Judicial Review The power of the courts to review the actions of other branches or levels of government; especially the power of the courts to declare laws and actions of the executive and legislative branches of government invalid if they are found to contradict the US Constitution.

The Supremacy Clause (Article VI, Section 2) United States Constitution If there is a conflict between a lower law and a higher one, the higher one “wins.” Acts of Congress The U.S. Constitution is the “Supreme Law of the Land.” State Constitutions Highlight the US Constitution as the highest law in the land and the concept of federalism. State Statutes (laws) City and County Laws