Judicial Interpretation of the Constitution The Constitution is not clear about the power of the Supreme Court.

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Presentation transcript:

Judicial Interpretation of the Constitution The Constitution is not clear about the power of the Supreme Court

Judicial Interpretation of the Constitution The strength and path of the court were found with Chief Justice John Marshall 4 th Chief Justice 1801 – 1835

Judicial Interpretation of the Constitution During this time, there were three major decisions: Marbury v Madison Gibbons v Ogden McCulloch v Maryland

Marbury v Madison President John Adams, a Federalist, appoints 82 Federalist justices. (Last day in office!!)

Marbury v Madison “Midnight Judges" Threat to incoming President Jefferson (a Democrat-Republican)

Judicial Review Jefferson ordered his Secretary of State, James Madison, not to allow William Marbury to take his position. Marbury was particularly unpopular

Judicial Review Marbury appealed directly to the Supreme Court.

Judicial Review John Marshall: FTW. Judiciary Act of 1801 (passed by Congress) infringed on the Court unconstitutionally! Marbury: No “standing” to S.C.

Judicial Review PWNED Marbury

Judicial Review The Court was able to rule a law unconstitutional and thus created the important precedent of judicial review. S.C. gets final say!!!