Did you know that Jefferson and Marshall were cousins? Marbury v. Madison Chief Justice John Marshall Appointed Chief Justice of the Supreme Court by Adams Would served 34 years Influenced the direction of the Supreme Court for years to come The Marshall Court During Marshall’s tenure, the Supreme Court would strengthen the federal government at the expense of state’s rights Did you know that Jefferson and Marshall were cousins?

The Judiciary Act of 1801 In a last-minute piece of legislation, the Federalist Congress passed the Judiciary Act of 1801 Judiciary Act of 1801 Reduces number of Supreme Court Justices from 6 to 5 Reorganizes circuit courts which required 16 new judges be appointed Adams appoints “midnight judges” during the last 19 days of his presidency Three are appointed on the last day

Marbury v. Madison (1803) Upon taking the oath of office, Jefferson attempted to block these judicial commissions Jefferson instructed his secretary of state, Madison, not to deliver Adams’ judicial commissions William Marbury, a judicial appointee, sued under the Judiciary Act of 1789 Argued the Supreme Court could force Madison to turn in the commission Madison argued the commissions were issued too late William Marbury

Marbury v. Madison (1803) The Ruling Judicial Review Marbury had the right to his commission However, the Supreme Court did not have the authority to enforce the commission The Judiciary Act of 1789 violated the Constitution and should be nullified Judicial Review This case establishes the precedent of judicial review Judicial Review  The Supreme Court could exercise the power to decide whether an act of Congress or the president was constitutional. Prior to this, the Supreme Court had heard only ten cases; none of which were terribly important