1. The Marshall court

2. Judiciary Act of 1789
Constitution created Supreme Court, but had very little detail
Act creates a 6 member SC and lower Federal Court
John Jay is first Chief Justice
Court is largely inactive

3. John Marshall Virginia Politician
State Politician, House of Reps, Sec. of State
Federalist
4th Chief Justice of the Supreme Court
Strengthened the power of the Judicial Branch and Federal Government

4. Marbury v. Madison (1803)
Does William Marbury, one of John Adams’ last minute “midnight judges,” receive his commission to be judge or not?
Jefferson had James Madison refuse to give the commission to Marbury
Issue went before the Supreme Court
Ruling became a precedent—an example for future court cases

5. Marbury v. Madison (1803)
With Marbury vs. Madison, the Supreme Court established the concept of “Judicial Review” of laws
Judicial Review means that the Court may decide if a law is constitutional or not.
If a law is judged to be unconstitutional, or goes against the U.S. Constitution, then the law ceases to be a law.

6. Federal Power
The decision strengthens the federal government because it increases the power of the Judicial Branch
Judicial Review is not in the Constitution = Unwritten Constitution