The Courts USH-1.7

I. Setting up the courts The Constitution says we will have a court system First Congress passed the Judiciary Act of 1789 Rules on how to set up our court system President John Adams appointed John Marshall to the Supreme Court 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 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 New Secretary of State 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 worried because: If he issued writ, Madison would ignore and Court would look powerless, The Constitution doesn’t state whether the Court has the power to issue the writ, and The case should 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 Created judicial review by saying the law giving him this authority was unconstitutional

IV. Resolutions Jefferson and Madison wrote the Virginia and Kentucky Resolutions They were written to fight the Alien and Sedition Acts Both said the states had the right to determine constitutionality, not the Court States could nullify a “harmful” law Would be seen again in 1860