1. Marbury v. Madison

2. A.Jefferson (Republican) defeats Adams (Federalist) in the Election of 1800. Federalists have control over the Judicial branch

3. Marbury v. Madison 1. Judiciary Act 1801- increased the number of federal judges. On his last day, Adams fills courts with as many Federalist judges as possible They were called “midnight judges” - Adams waited until 9 o’clock on his last night as President to appoint them.

4. Marbury v. Madison 2. Jefferson becomes President the next day but some of Adams’ judges have not yet received their official forms a. Jefferson says they cannot be judges

5. Marbury v. Madison b. Jefferson orders James Madison (Secretary of State) not to give out the papers to the judges (Adams packing the court made DR and TJ mad!)

6. Marbury v. Madison 3. William Marbury is one of the judges affected by Jefferson’s decision

7. Marbury v. Madison a. Marbury demands that the Supreme Court examine the case and force the executive branch to hand out papers

8. Marbury v. Madison Marbury says Judiciary Act of 1789 gives the Supreme Court the right to do this What was Judiciary Act of 1789? Created federal court system with 3 levels and outlined the powers of each – ALSO require the SC to order that paper be delivered

9. 4. John Marshall, the chief justice and a Federalist, listens to Marbury’s case Marbury v. Madison

10. a. Marshall agrees that Marbury had been treated unfairly AND…..

11. Marbury v. Madison b.Judiciary Act would allow SC to force Madison into making Marbury a judge BUT….

12. Marbury v. Madison c. Marshall has to decide is this constitutional or unconstitutional?

13. Marbury v. Madison - Marshall decides that forcing the government to make Marbury judge would be unconstitutional

14. Marbury v. Madison 5. Marshall’s ruling establishes Judicial Review - Supreme Court can declare act of Congress unconstitutional

15. Marbury v. Madison Judicial review has increased the Supreme Court’s legal authority… making it a much stronger branch