1. Explain the significance of the landmark decision Marbury vs. Madison
Objective 5.7
Explain the significance of the landmark decision Marbury vs. Madison

2. Supreme Court has…judicial review
the power of the courts to overturn any law or Presidential act which is unconstitutional

3. But where does judicial review come from??
The SC decision in the case
Marbury vs. Madison
1803

4. Case Study: Marbury v. Madison
Year?
Civil or criminal?
Plaintiff/ Prosecutor?
Defendant
Background
Final Decision
(How did the Justices vote & who won?)
6-0 for Madison
Significance
How did the decision affect American government?
Establishes Judicial review
How did the Constitution apply?
Amendment/Article

5. Marbury vs. Madison Background: Adams appoints Marbury as judge
Jefferson/Madison reject appointment
Marbury uses a law passed by Congress, sues Madison directly in the SC (Judiciary Act of 1789)

6. Marbury vs. Madison Decision: Reason: 6-0 decision in favor of Madison
Law passed by Congress (Judiciary Act of 1789) violated Judicial authority given in Article III of the Constitution
So… Marbury had no right to sue Madison in the Supreme Court

7. JUDICIAL REVIEW WAS BORN!!!
Marbury vs. Madison
Significance:
SC decided the law could not exist if it went against the Constitution
Decided that the SC has the power to reject any unconstitutional law/gov’t act
JUDICIAL REVIEW WAS BORN!!!